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Neutral Citation No. - 2025:AHC:119622 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 9621 of 2025 Applicant :- Bhoopendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicant and learned AGA for the State. 2. Present application has been preferred with prayer to quash the entire criminal proceeding of Case No.7876 of 2024 (State vs. Bhoopendra) arising out of Case Crime No.64 of 2021, under Sections 4/25 Arms Act, Police Station Raunapar, District Azamgarh pending in the court of Judicial Magistrate/F.T.C (S.D.), Azamgarh and charge sheet dated 20.05.2021 and cognizance/summoning order dated 29.07.2021 passed by Additional Chief Judicial Magistrate, Court No.10, Azamgarh. 3. Entire arguments raised by learned counsel for the applicant is based upon the applicability of Section 4 of the Arms Act,1959 as well as Rule-4 of the Arms Rules 2016, on this issue on previous occasion vide order dated 2.4.2025 instructions were called by this court. 4. Today, when the matter has been taken up, learned Additional Government Advocate counsel for the applicant has come up with the specific notification issued on dated 5.6.1991 issued under the notification by the Governor of State of Uttar Pradesh on dated 22nd October, 1990 and the same has been modified vide notification dated 5.6.1991 in exercise of powers extended through Section 4 of the Arms Act, 1959 and Rule-4 of the Arms Rules, 2016 wherein it is crystal clearly mentioned that sharp edged weapons in shape of knife above than 5 cm is covered in pursuance to Section 2(c) of the Arms Act 1959. Learned counsel for the applicant raised certain other arguments which has been later on confined only to the implication of the applicant on the basis of introduction of no independent witness and strictly not in compliance of the provisions as contained
under the Arms Act, 1959 as well as the Rules of 2016. 5. After considering arguments raised by learned counsel for the applicant, it is crystal clear that the same is amenable before learned trial court wherein the sanctity of the notification on certain specific prohibited arms have been described, may also be assailed by the applicant for proving his not guilty in the matter which is still to be tried by learned concerned court. 6.
In view of the aforementioned facts and circumstances, instant application stands dismissed. Order Date :- 22.7.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad