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2016 Supreme(Mad) 1788
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P.DEVADASS, J.
T.Devendiran - Petitioner
Vs.
State through The Inspector of Police – Respondent
C.R.L.RC(MD) No.324 of 2016 and Crl.M.P.(MD) No.4252 of 2016
Decided On : 24-06-2016
For the Appellant : Mr.M.Subash Babu
For the Respondent:Mrs.S.Prabha Government Advocate (Criminal side)
The main legal point established in the judgment is the requirement for the alleged offense to meet the criteria specified under the relevant section of the Arms Act for the framing of a charge.
Headnote:
Arms Act - Framing of Charge - Section 25 - Summary of Acts and Sections: Section 25 of the Arms Act - The court discussed the provisions of Section 25 of the Arms Act and its applicability to the case. The court found that the charge framed under Section 25 of the Arms Act was defective as the alleged offense did not fall under this section. The court deleted the charge and renumbered the subsequent charges.
Fact of the Case:
A1 challenges the framing of a charge under Section 25 of the Arms Act against him. The revision petitioner argued that the allegations did not attract Section 25 of the Arms Act. The Government Advocate stated that Section 25 of the Arms Act was added in the F.I.R. but not included in the final report. The trial Court framed a charge under Section 25 of the Arms Act based on the allegations of assault with a pistol.
Finding of the Court:
The court found that the alleged offense did not fall under Section 25 of the Arms Act, and therefore, the framing of the charge under this section was defective. The court deleted the charge and renumbered the subsequent charges.
Issues: The main issue was the applicability of Section 25 of the Arms Act to the alleged offense of assault with a pistol.
Ratio Decidendi: The court's decision was based on the fact that the alleged offense did not meet the criteria specified under Section 25 of the Arms Act, leading to the conclusion that the charge framed under this section was defective.
Final Decision: The court disposed of the revision petition, deleted the charge framed under Section 25 of the Arms Act, and renumbered the subsequent charges.
A1 challenges framing of a charge under Section 25 of the Arms Act as against him in S.C.No.191 of 2015 by the learned 3rd Additional Assistant Sessions Judge, Madurai at his Camp Sittings at Usilampatti, Madurai District.
2. According to the learned counsel for the revision petitioner, taking the allegations Section 25 of the Arms Act is not attracted. Thus, charge No.3 framed under Section 25 of the Arms Act is unsustainable in law.
3. The learned Government Advocate submitted that in the F.I.R. Section 25 of the Arms Act has been added. In his final report the investigation officer has not included Section 25 of the Arms Act. However, at the time of framing of charges, the trial Court has framed a charge under the said section also.
4. I have anxiously considered their submissions and also perused the impugned multiple charges framed as against the revision petitioner.
5. Under charge No.3, it is alleged that A1 is stated to have assaulted the complainant with the bud of the pistol on his head and he is to be charged under Section 25 of the Arms Act.
6. Section 25 of the Arms Act runs as under:
25. Punishment for certain offences?
(1) Whoever?
(a) manufactures, sells, transfers, converts, repairs, tests or proves, or exposes or offers for sale or transfer, or has in his possession for sale, transfer, conversion, repair, test or proof, any arms or ammunition in contravention of section 5; or
(b) shortens the barrel of a firearm or converts an immitation firearm into a firearm in contravention of section 6; or
(d) bring into, or takes out of, India, any arms or ammunition of any class or description in contravention of section 11, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine.
[(1A) Whoever acquires, has in his possession or carries any prohibited arms or prohibited ammunition in contravention of section 7 shall be punishable with imprisonment for a term which shall not be less than five years, but which may extend to ten years and shall also be liable to fine.
(1AA) Whoever manufactures, sells, transfers, converts, repairs, tests or proves, or exposes or offers for sale or transfer or has in his possession for sale, transfer, conversion, repair, test or proof, any prohibited arms or prohibited ammunition in contravention of section 7 shall be punishable with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and shall also be liable to fine.]
[(1AAA) ] Whoever has in contravention of a notification issued under section 24A in his possession or in contravention of a notification issued under section 24B carries or otherwise has in his possession, any arms or ammunition shall be punishable with imprisonment for a term which shall not be less than 24 [three years, but which may extend to seven years] shall also be liable to fine.
(1B) Whoever?
(a) acquires, has in his possession or carries any firearm or ammunition in contravention of section 3; or
(b) acquires, has in his possession or carries in any place specified by notification under section 4 any arms of such class or description as has been specified in that notification in contravention of that section; or
(c) sells or transfers any firearm which does not bear the name of the maker, manufacturer’s number or other identification mark stamped or otherwise shown thereon as required by sub-section (2) of section 8 or does any act in contravention of sub-section (1) of that section; or
(d) being a person to whom sub-clause (ii) or sub-clause (iii) of clause (a) of sub-section (1) of section 9 applies, acquires, has in his possession or carries any firearm or ammunition in contravention of that section; or
(e) sells or transfers, or converts, repairs, tests or proves any firearm or ammunition in contravention of clause (b) of sub-section (1) of section 9; or
(f) brings into, or takes out of, India, any arms or ammuniti
