2025:CGHC:59457 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3717 of 2025 Rakesh Singh Bhadoriya S/o Leela Singh Bhadoriya Aged About 45 Years Presently Residing At Street No. 72, Quarter No. 82, Sector- 6, Behind B.S.F. Camp, Bhilai, Tehsil And District- Durg, Chhattisgarh, Permanent R/o Ramnagar, Chashalga Naka, Police Station- Kila Gate, Gwalior, District : Gwalior, Madhya Pradesh ... Petitioner(s)

versus State Of Chhattisgarh Through Police Station- Newai, District : Durg, Chhattisgarh ... Respondent(s)

For Petitioner(s) : Mr. Anmol Sharma, Advocate For Respondent(s) : Ms. Sunita Manikpuri, Dy. G.A. Hon’ble Shri Justice Arvind Kumar Verma, Judge

Order on Board

08/12/2025

1. With the consent of the parties, the present petition is heard finally at motion stage.

2. By way of this petition, the petitioner has challenged the order dated 25.10.2025 (Annexure A-1) passed by the learned Second Additional Sessions Judge, Durg, District- Durg (C.G.) in M.J.C. Criminal No. 58/2025 whereby the learned court has rejected the application of the applicant under Section 497 of BNSS for grant of Supurdnama of hs licensed Pistol Model 7.62 MM, license, Magazine and round.

3. Brief facts of the case are that, the petitioner was previously working as a soldier (Sipahi) in the Central Industrial Security Forces and was lastly posted at Bhilai. In the year 2018 the petitioner met with a severe accident as a result of which he has taken voluntarily retirement from the service as he was not physically fit for service. Thereafter the petitioner is permanently staying at Bhilai and doing business of money lending to needy persons of which he has valid license also. It is worthy to mention that during his service period the petitioner bought a Pistol Model 7.62 MM of which he is the owner and the said pistol was duly licensed by the government authorities and said license was regularly renewed by the authorities.

On 23.11.2024 at about 2:30 P.M. when the petitioner was sitting near station Maroda Choupati at that point of time one Shambhu Udiya and his brother-in-law (jija) who are acquainted with the petitioner came to him and demanded his XUV car for roaming around the area, the petitioner herein refused to give his car as a result both Shambhu and his brother-in-law abused him and threatened to kill him and afterwards the petitioner came to his home. On the same day Shambu Udiya and his brother-in-law with an intent to kill the petitioner barged inside the house of the petitioner, where his family was also there in the house and these both persons started assaulting the petitioner during this time Shambhu Udiya took out a cutter knife from his pocket and assaulted petitioner in his neck so as to kill him and the petitioner tried to escape from the house and there the assailants followed the petitioner during run found his licensed pistol from the house and fired from his pistol in the air above so as to shy away Shambhu Udiya and his relative after which they fled the spot. The petitioner himself called Dial 112 police and went to hospital for treatment. After which the petitioner himself reported the incident to police authorities as a result the authorities registered a FIR against Shambhu Udiya and his brother-in-law for the offence punishable under section 109, 296, 3(5), 333, 351(3) of BNS bearing crime no. 351/2024. Copy of the FIR is annexed as ANNEXURE P-3

4. Learned Counsel for the applicant submits that the petitioner being the legal and licensed owner of the pistol is entitled for the same and the learned court below could have delivered the same to him on such condition. Learned court below failed to consider the fact that it is of no use to keep such seized pistol at the police station for a long period and could have passed appropriate order immediately by taking bond and guarantee as well as security or the return of the pistol. Therefore, he prays for the release of the said pistol on Supurdnama in favour of the applicant. He w