Delhi District Court
Kuldeep S/O Sh Brij Pal Singh vs State (Nct Of Delhi) on 7 July, 2012
IN THE COURT OF SH.SURESH CHAND RAJAN
ADDITIONAL SESSIONS JUDGE/SPECIAL JUDGE(NDPS)
DWARKA COURTS, NEW DELHI
Crl. Revision No.96/12
Kuldeep S/o Sh Brij Pal Singh
R/o Village Gasupur
Bafawat PS Daurala
District Meerut, UP.
....Revisionist
Vs.
State (NCT of Delhi)
...... Respondent
Date of Institution: 21.04.2012
Reserved for Order on: 05.07.2012
Order Pronounced on : 07.07.2012
ORDER
The present revision petition u/s 397 Cr.PC has been preferred against the order dated 27.03.2012 passed by Sh. Sonu Agnihotri, Ld. MM whereby the application of the revisionist for release of pistol and licence was dismissed. Kuldeep Vs. The State (NCT of Delhi) Crl.Rev. no.96/2012 Page No.1 of 4
2. Briefly stated the facts for giving rise to this revision petition are that HC Sanjeev Kumar was on patrolling duty vide DD no.62 dated 28.11.11 as per order of SHO considering social functions and marriages to prevent crime. At about 11.55 p.m he was present at Badus Petrol Pump near Polo Farm, Dwarka Link road where a barat reached at the gate of Pushpanjali Farm House. Suddenly he heard a gun shot fire. He reached near the gate and saw that one person was standing near the bridegroom and made two fires in the air form his pistol. He apprehended the said person and later on his name was came to know as Kuldeep Singh. On enquiry it came to know that the said pistol is a licenced pistol and he has licence no.1372 PS Daurana. The said licence was produced. On checking the pistol two live cartridges and three empty cartridges were found. Information was sent to PS from where HC Rajpal came and accused as well as pistol and cartridges were handed over to him. On this statement the present case FIR no.207/2011 u/s 336 IPC was registered. On 14.03.2012 Ld. Counsel for the revisionist moved an application for release of the pistol no. RP 129823 and licence on superdari. The said application was dismissed by the Ld.MM vide order dated 27.3.2012. Feeling aggrieved by the said order of dismissal of application, the revisionist preferred this present appeal for setting Kuldeep Vs. The State (NCT of Delhi) Crl.Rev. no.96/2012 Page No.2 of 4 aside the said order and releasing the pistol and licence to him.
3. The present revision petition was received by this court on 21.04.2012 and trial court record was summoned. The trial court record was received on 17.05.2012. But on that day no one has appeared on behalf of the petitioner and court notice was issued to the petitioner as well as his counsel for 05.07.2012. Even on 05.07.2012 none has appeared on behalf of the petitioner despite service of the court notice.
4. The petitioner has filed the revision against the order of Ld. MM dated 27.03.2012. The trial court record has been received by this court. Therefore, I have perused the same. On perusal of the file it is revealed that on 02.05.2012 i.e. after filing the revision petition on 21.04.2012, the accused/revisionist had appeared before the Ld. MM and pleaded his guilt. Accordingly, Ld. MM has convicted him u/s 336 IPC and sentenced him to undergo sentence till rising the court and fine to the tune of Rs. 250/was also imposed. Ld. MM has also ordered for release of arm licence as well as pistol to accused vide order dated 2.5.2012. Therefore it is manifest that the arm licence as well as pistol would have been got released by the revisionist and therefore he is not Kuldeep Vs. The State (NCT of Delhi) Crl.Rev. no.96/2012 Page No.3 of 4 appearing in the present revision proceedings. Since the final order in the present case FIR no.207/11 has already been passed by the Ld.MM, the present revision has become infractuous and the same is hereby dismissed.
5. Trial court record be sent back with the copy of this order and revision file be consigned to record room. Announced in the Open Court on 07.07.2012.
(SURESH CHAND RAJAN) ADDL.SESSIONS JUDGE/ SPECIAL JUDGE(NDPS) NEW DELHI Kuldeep Vs. The State (NCT of Delhi) Crl.Rev. no.96/2012 Page No.4 of 4