Court No. - 49
Case :- APPLICATION U/S 482 No. - 29499 of 2018 Applicant :- Rajan Yadav Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Shri Ram Pandey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Learned AGA has filed counter affidavit today, which is taken on record.
2. Heard learned counsel for the applicant and learned AGA for the State.
3. The present application U/s 482 Cr.P.C. has been directed against the order dated 25.05.2018, by which the Addl. Chief Judicial Magistrate, Court No.7, Allahabad has rejected the application for release of fire arm of the applicant.
4. While rejecting such application, the learned court below has observed that at present it appears that the fire arm was used in the occurrence and therefore, it being the case property, in such trial the same may not be released at this stage.
5. In view of the above, there is no error in the order passed by the learned court below.
6. Accordingly, the present application is dismissed, leaving it open to the applicant to file a fresh application after the stage of framing of charge. Such application if filed may be considered and decided as expeditiously as possible, without being prejudiced by any observation made in the impugned order.
Order Date :- 25.9.2018 Lbm/-