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2025 Supreme(Online)(Mad) 32528

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.DHANABAL, J
Ajay Kannan – Appellant
Versus
The Inspector of Police Thirumangalam Town Police Station Madurai District – Respondent


Advocates:
For the Appellants/Petitioners: Mr.R.Anand
For the Respondents:Mr.M.Vaikkam Karunanithi Government Advocate(Crl.Side)

Table of Content
1. analysis of statutory definition of prohibited arms. (Para 1)
2. prosecution's failure to provide evidence of a prohibited arm. (Para 2 , 3 , 4 , 6)
3. court's determination on lack of prima facie evidence necessitating quashing of the case. (Para 8)
4. final decision to quash the proceedings. (Para 9)

ORDER

This Criminal Original Petition has been filed to quash the proceedings in S.C.No.503 of 2023 pending on the file of the learned VI Additional District and Sessions Judge, Madurai

2. The case of the prosecution is that on 20.09.2022 at about 19.00 hrs in the public place the accused had a sword and cut the cake on account of his birthday and the same was videographed and uploaded in the social media, therefore First Information Report has been registered in Crime No.465 of 2022 for the offence under Section 25(1-A) of Arms Act.

3. The learned counsel appearing for the petitioner would submit that the second respondent who is the Sub Inspector of Police had lodged complaint as against the petitioner and First Information Report has been registered in Crime No. 465 of 2022 for the offence under Section 25(1- A) of Arms Act. Infact the Arms Act would not attract and th

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