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2013 Supreme(All) 1178

KARUNA NAND BAJPAYEE
IRSHAD AHMAD – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
Dharmendra Pratap Singh for the Petitioner; A.G.A. for the Respondents.

JUDGMENT

Hon’ble Karuna Nand Bajpayee, J.—The present petition has been filed assailing the validity of the twin impugned orders; the first one being the order dated 27.2.2012 passed by the C.J.M.Kaushambi and the second one being the order dated 11.6.2012 passed by the District and Sessions Judge, Kaushambi in Criminal Revision No. 14 of 2012 whereby it upheld the order passed by the C.J.M. refusing to release the seized weapon of the petitioner.

2. Heard Sri Dharmendra Pratap Singh, learned counsel for the petitioner and the learned A.G.A of the State.

It has been submitted that the petitioner’s DBBL gun No. 10310-C/Y-03 has been seized by the police in connection with case crime No. 162 of 2011, relating to police Station Saray Akil, district Kaushambi. Apart from his weapon another DBBL gun belonging to another co-accused in connection with the same crime number was also seized by the police. Both the accused alongwith certain others have been charge-sheeted by the police under Sections 147, 148, 149, 323, 504, 506 and 452 I.P.C. And 3 (2) (5) SC/ST Act.

3. It is being urged that vide order dated 15.6.2011 the C.J.M. Kaushambi thought it proper to release the DBBL gun belonging








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