Delhi District Court
State vs Kanwar Pal@Kallu on 30 July, 2025
IN THE COURT OF JUDICIAL MAGISTRATE FIRST
CLASS-02, NORTH EAST DISTRICT, KARKARDOOMA
COURTS, DELHI PRESIDED BY: SH. ANMOL NOHRIA, DJS
STATE Vs. KANWAR PAL @ KALLU
FIR NO. : 183/2024 U/S 25 ARMS ACT
PS : NEW USMANPUR
CNR NO. DLNE020031852024
-: JUDGMENT :-
1.FIR No. 183/2024
2.Unique Case no. 1309/2024
3.Title State Vs .Kanwar Pal @ Kallu
3(A).Name of complainant HC Ranveer Singh
3(B).Name of accused Kanwar Pal @ Kallu S/o
Kailash Chand, R/o A-121,
Gali No. 2, Kaithwara, New
Usmanpur, Delhi.
3 (C). Representation on Sh. Sukhjeet Singh, Ld. Sub.
behalf of State APP for the State.
4.Date of institution of challan 09.04.2024
5.Date of Reserving judgment 11.06.2025
6.Date of pronouncement 30.07.2025
7.Date of commission of 28.03.2024 offence
8.Offence complained of u/S 25 Arms Act 1959 Digitally signed by ANMOL ANMOL NOHRIA 9.Offence charged with u/S 25 Arms Act 1959 NOHRIA Date:
2025.07.30 14:45:38 +0530 10.Plea of the accused Pleaded not guilty
11.Final order ACQUITTED State vs Kanwar Pal @ Kallu FIR No. 183/2024 PS-New Usmanpur Page 1 of 7 Brief Statement of Reasons for Decision of the Case :-
1. The present prosecution case was put into action with the complaint of the complainant HC Ranveer wherein he has stated that he was on beat patrolling duty on 28.03.2024 in the area of MCD park MCD parking, MCD Flats, New Usmanpur. At about 08:30PM accused was standing in the park during the dark night was questioned about his presence and he tried to leave the spot. This suspcion created in his mind and he was apprehended by him after crossing some steps and he disclosed his name as Kanwar Pal @ Kallu. On cursory search, he was found in possession of one buttondar knife lying in left pocket of his wearing lower in contravention of section 3 of the Arms Act and has thereby committed offence punishable u/S 25 Arms Act, 1959 and within the cognizance of this Court.
2. On the basis of the complaint, FIR no. 183/2024, PS-
New Usmanpur u/S 25 Arms Act was registered. After completion Digitally signed by ANMOL of investigation, chargesheet was filed for offence u/S 25 Arms ANMOL NOHRIA NOHRIA Date:
2025.07.30 Act.
14:45:45 +0530
3. Cognizance was taken and thereafter, charge for the offence punishable u/S 25 Arms Act was framed against the accused on 10.04.2024 to which he pleaded not guilty and claimed trial.
4. Prosecution had named total 05 witnesses in the State vs Kanwar Pal @ Kallu FIR No. 183/2024 PS-New Usmanpur Page 2 of 7 charge sheet. However, accused did not dispute the registration of FIR by DO/ASI Shri Pal and the DAD notification issued by Delhi Administration in view of his statement u/S 294 Cr.P.C dated 10.04.2024. Accordingly, the said witness was dropped.
During the trial, prosecution led the following oral and documentary evidence against the accused to prove its case beyond reasonable doubt :-
ORAL EVIDENCE HC Ranveer Singh PW-1 :
(complainant) PW-2 : HC Imran Ali (IO) DOCUMENTARY EVIDENCE Ex. PW1/A : Rough sketch Ex. PW1/B : Seizure memo Statement of the Ex. PW1/C :
complainant
Ex. PW1/D : Site plan
Ex. PW1/E : Disclosure statement
Ex. PW1/F : Arrest memo
Ex. PW1/G : Personal Search Memo Ex. PW2/A : Tehrir Mark X : DD No. 83A Mark Y : DD No. 88A Digitally signed ANMOL by ANMOL NOHRIA CASE PROPERTY Date:
NOHRIA 2025.07.30
14:45:57
+0530
Ex. P1 : Buttondar Knife
ADMITTED DOCUMENTS
Ex. A1 : FIR
Ex. A2 : DD No. 88 A
State vs Kanwar Pal @ Kallu FIR No. 183/2024
PS-New Usmanpur Page 3 of 7
Ex. A3 : DAD Notification
5. PE was closed on 22.01.2025 and on 27.02.2025 statement of the accused u/S 313 Cr.P.C read with Section 281 Cr.P.C wherein he denied the allegations in toto. He stated that he does not wish to lead DE and has been falsely implicated in the present case.
6. Final arguments were addressed by Ld APP for the state as well as counsel for the accused.
7. Ld. APP for the state submits that accused was caught red handed and he shall be convicted. Case property was also recovered from the accused at the spot. Whereas Ld. Counsel for the accused submits that there were no public witnesses to the scene of crime and hence accused shall be acquitted. Case property was planted upon the accused by the police officials.
8. I have heard the final arguments put forth by the Ld. APP for the state and by Ld. Defence Counsel. I have also perused the material available on record.
Digitally signed by ANMOL ANMOL NOHRIA NOHRIA Date:
2025.07.30 9. As per the case of prosecution, that on 28.03.2024 at 14:46:03 +0530 about 8:30 PM near MCD park, MCD Parking, MCD flats, New Usmanpur within the jurisdiction of PS : New Usmanpur, accused was found unlawful possession of button actuated knife without State vs Kanwar Pal @ Kallu FIR No. 183/2024 PS-New Usmanpur Page 4 of 7 any license or permit as required by the notification issued by Delhi Administration.
10. The case of the prosecution is based upon DAD notification dated 29.10.1980, the violation of which is alleged in the present case by the accused. Hence, at this juncture, it becomes necessary to refer to the Judgment of Hon`ble Supreme Court of India titled as Irfan Khan Vs State (NCT of Delhi) SLP S1 no. 12510/2023, wherein it has been held that :-
"9. The DAD notification 29.10.1980, whereby, a buttondar knife having blade dimensions of 7.62 cms or more in length and 1.72 cms or more in breadth has been brought under the mischief of the Arms Act, would be applicable only when the recovered knife is meant for the specified reason i.e., manufacture, sale or possession for sale or test" as indicated in the DAD notification". Further it has been held that, "simply Digitally carrying a buttondar knife, is not an offence signed by ANMOL ANMOL NOHRIA as per the DAD notification and if the NOHRIA Date:
2025.07.30 possession of the same was not for 14:46:07 +0530 manufacture, sale or possession for sale or for test. The prosecution would have to at least present the basic allegations constituting the ingredients of the offences in the charge- sheet."
11. In view of the judgment as mentioned above, it is clear that if prosecution fails to mention the speeific charges that State vs Kanwar Pal @ Kallu FIR No. 183/2024 PS-New Usmanpur Page 5 of 7 the possession of knife is for the purpose of "manufacture, sale or possession for sale or test", the prosecution cannot be allowed to improve its case during trial.
12. In the case at hand, the IO has failed to mention in charge-sheet the fact that the accused was having the possession of the knife for the purpose of manufacture, sale or possess for sale or test. All the lapses in investigation discussed as above and the fact that the cardinal principal of law cannot be forgotten that the prosecution has to prove its case beyond all reasonable doubts.
Thus, the court is of the considered view that prosecution has not been able to prove the guilt of the accused persons and has failed to prove its case beyond reasonable doubt.
13. Accordingly, accused Kanwar Pal @ Kallu S/o Kailash Chand is acquitted for the offence under section 25 Arms Act. His bail bond stands cancelled and surety stands discharged.
14. Bail bonds and surety bonds of the accused stands discharged. Original be returned to rightful owner after cancellation of endorsement. Superdarinama, if any, hereby stands cancelled.
Digitally signed by ANMOLANMOL NOHRIA
Date:
NOHRIA 2025.07.30
14:46:12
+0530
15. Accused is directed to furnish bonds in the sum of Rs.10,000/- with a surety of like amount u/S 437A Cr.P.C and is directed to be present before the Ld. Appellate Court as and when State vs Kanwar Pal @ Kallu FIR No. 183/2024 PS-New Usmanpur Page 6 of 7 directed.
16. This judgment contains 07 pages. This judgment has been signed and pronounced by the undersigned in open court.
17. Let a copy of the judgment be uploaded on the official website of District Courts, Karkardooma forthwith.
File be consigned to record room after due compliance.
Digitally signed by ANMOLANMOL NOHRIA NOHRIA Date:
2025.07.30 14:46:17 +0530 Announced in the open (ANMOL NOHRIA) Court on 30th July, 2025 JMFC-02/NE/KKD COURTS State vs Kanwar Pal @ Kallu FIR No. 183/2024 PS-New Usmanpur Page 7 of 7