Court No. - 52
Case :- APPLICATION U/S 482 No. - 41830 of 2018 Applicant :- Mohd. Tasin And Anr Opposite Party :- State Of Up And Anr Counsel for Applicant :- Mithilesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Mithilesh Kumar Tiwari, learned counsel for the applicants and learned A.G.A. for the State and perused the record.
The present petition has been filed for quashing the proceedings of Criminal Case No.2037 of 2018 (State of U.P. Versus Tasin and another) 1959 in connection with the charge sheet dated 5.6.2018 in Case Crime No.0093 of 2018 under Section 5/25 of Arms Act, Police Station Badhapur, District Bijnor, pending in the court of learned Civil Judge (Junior Division)/Judicial Magistrate, Nagina, Bijnor.
Submission of learned counsel for the applicants is that continuance of proceeding based on the impugned charge sheet against the applicants under Section 5/25 of Arms Act is an abuse of process of law. The court concerned could not have taken cognizance of the offence without mandatory sanction as envisaged under Section 39 of the Arms Act.
In my opinion, it is a disputed question of law which can very well be examined and adjudicated upon by the court below.
In view of aforesaid, if any application for discharge is filed by the applicants, the same shall be disposed of by the court concerned in accordance with law within three months from the date of production of a certified copy of this order.
The application under Section 482 Cr.P.C. is disposed of accordingly.
Order Date :- 28.11.2018 MN/-