1. The present appellant is original accused in Sessions Case No.36 of 2005. He was acquitted by the Sessions Court but as far as the muddamal is concerned, the court has ordered to confiscate it. The present appellant-original accused has challenged the order passed by the Sessions Court under section 452 of the Cr.P.C. in reference to the muddamal rifle. By way of this application, the applicant has prayed for expeditious hearing of the appeal.
2. This court has gone through the judgment and order passed by the Sessions Court. It is held by the Sessions Court that the firearm which is claimed by the present appellant-accused was used in committing the crime as per the FSL report. In view of the above, it is required to be decided that when the gun was used in committing the crime, whether it can be handed over to the accused or not.
3. In view of the above, there is no urgency in the matter and the application is dismissed. The prayer for expeditious hearing of the appeal is hereby rejected.
[M.D.
SHAH, J.] msp Top