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2026 DAILYLAW 705 (RAJ)

AMRIT GURJAR S/O SHRI KISHAN SINGH, B/C GURJAR v. STATE OF RAJASTHAN

CRLMP/911/2019 · 2026-03-07

Anoop Kumar Dhand

body2026

Judgment text

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[2026:RJ-JP:9852] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 911/2019 Amrit Gurjar S/o Shri Kishan Singh, B/c Gurjar, Aged About 38 Years, R/o Natholi Ka Pura, P.s. Suroth, District Karauli Presently Residing At Agresain Vihar Colony, Hindaun, P.s. Hindaun, District Karauli (Raj.) ( Licensee Of Rifle Bearing Its Reg. No. Abob 13045 Boucher No. 1425) ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : None present For Respondent(s) : Mr. N.S.Dhakar, PP Mr. Vivek Choudhary, PP and Ms. Manju Dave, PP JUSTICE ANOOP KUMAR DHAND Order 07/03/2026 1. By way of filing the instant criminal misc. petition, a challenge has been led to the impugned order dated 07.09.2018 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Karauli in criminal case No.28/2018, by which the application submitted by the petitioner under Section 451 Cr.P.C. for release of his 315 Bore Rifle has been rejected. 2. As per the contents of the FIR, the petitioner is the licensee and he is in possession of the license to bear the aforesaid rifle, which has been seized by the Police during the course of investigation pertaining to the FIR No.747/2017, registered with Police Station Hindaun, District Karauli for the offences under Sections 307 IPC, 3(1(S) and 3(2)(va) of the SC/ST (Prevention of [2026:RJ-JP:9852] (2 of 2) [CRLMP-911/2019] Atrocities) Act, 1989. The Court below has rejected the application on the ground that the rifle in question is the weapon of offence, which has been used by the accused person to commit the alleged incident, hence, the weapon is required to be kept in proper custody during the course of investigation for the purpose of marking the same as an article. 3. In the considered opinion of this Court, the Court below has not committed any error in passing the order impugned, as the rifle in question is a weapon of offence, which has been used by the accused persons for committing the alleged incident and the same is required to be produced at the time of evidence of the prosecution witness. This Court finds no error in the impugned order, which requires any interference of this Court. 4. Accordingly, the instant criminal misc. petition stands rejected. The stay application and all pending applications, if any, stand disposed of. 5. However, the Trial Court would pass appropriate order under Section 452 Cr.P.C. at the time of conclusion of the trial with regard to release of the aforesaid weapon. (ANOOP KUMAR DHAND),J KuD/7