...has preferred the present petition u/s 482 of the Code of Criminal Procedure for the said proceeding8 being quashed. The one simple question arising in the case is whether the Ma...initiative. (3) It is laid down by Section 39 of the Arms Act .that no prosecution shall be...(1) Om Prakash, petitioner, is being tried by the court of Shri A.K. Garg, Metropolitan Magistrate, Delhi, for an offence u/s 25 of the Arms Act. ...

.... ii) accused has been charge sheeted for the offences under Sections 3 and 25 of the Arms Act, 1959 alleging that the barrel gun was used by the a...taken by the learned Magistrate only upon the complaint in writing by the Officer prescribed. In the instance case, the learned Magistrate has taken cognizance on the basis of ...3 of the Arms Act, 1959 in the substantive offence. Hence, Police were required to obtain sanction from the District Magistrate to prosecute the petitioner/accused No.2 for ...

...most important of which, is the absence of sanction under Section 39 of the Arms Act, ...issue involved in this case is in narrow campus that whether the prosecution obtained sanction under Section 39 of the ...was not produced before this Court to establish the compliance of Section 39 of the Arms Act, ...

...with the reply at Annexure R-1/T to contend that sanction of the District Magistrate, Fazilka to prosecute the petitioner for offence under the provisions of the Arms ...has conceded that sanction to prosecute the petitioner for being in alleged possession of 5 live cartridges of .315 bore and thereby committing offence under the provisions of Arms Act wa...petition filed under Section 482 Cr.P.C. the contention raised by counsel for the petitioner had been noticed that no sanction had been obtained under Section 39 of the Arms ...

...Laboratory, which reported that the pistols were in working order and the cartridges were alive. On receipt of that report PW 6 filed charge-sheet against the appellant with the requisite sanction ...M.K Mukherjee, J.— This appeal under Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (“TADA” for short) is directed against the judgment and order...dated 22-7-1997 of the Designated Court II, Delhi convicting the appellant for an offence under Section 5 of TADA and sentencing him to suffer rigorous imprisonment for 5 years and to pay a fine ...

.... 5. One of the crucial contentions that have been raised by the petitioner is that, the prosecution against the petitioner is vitiated on the ground that, previo...offence punishable under Section 3 read with Section 25 (1B) (a) of the Arms Act, 1959. 2. The aforesaid crime was registered on the alleg...prosecution. 7. In such circumstances, it is evident that there is non- compliance of statutory requirements contemplated under Section 39 of the Arms Act a...

...Arms Act. The accused has preferred the present petition u/s 482 of the Code of Criminal Procedure for the said proceeding being quashed. The one simple questio...by Section 39 of the Arms Act. that no prosecution shall be instituted against any person in respect of ...Magistrate, which is a condition precedent for launching the prosecution u/s 25 of the Arms Act, is admittedly lacking in this case. There is consequently no jurisdiction with ...

.... 8. Section 39 of the Arms Act, 1959 provide for sanction of the district magistrate which is reproduced hereunder:— “39. Previ...Deepak Kumar Tiwari, J.:— This revision is heard finally along with the IA No. 2/222 - application under Section 5 of the Limitation Act, 1963. 2. Taking into...commit murder of the applicant. He further submits that though the firearm has been used in the alleged incident but no charge has been framed by the trial Court under the Arms ...

.... In the affidavit filed in support of the application, it has been stated that the applicant's date of birth is 21.08.2006 and he is a minor. 5. Learned counsel for the applica... 1 under Section 3 of the Arms Act is not made out; that the sanction of the District Magistrate has appar.../25 Arms Act, Police Station Baldirai, District Sultanpur. 3. The aforesaid case has been registered on the basis of an FIR lodged on 27.04.2023 alleging that an information was...

...report sent by the IO shall not be a Police Report within the meaning of Section 193(3) of BNSS. 3 ...232 of BNSS. However, in the present case, the learned JMFC had no territorial jurisdiction to take cognizance of the offence on the basis of an incomplete chargesheet in the abs...investigation is completed. Any report sent before the investigation is completed shall not be a police report within the meaning of Section 193(3) of BNSS [Section 173(2) of CrPC]. ...

..., contends that all the above decisions were given under Section 29 of the Arms Act 1878 and not under ...Section 25 of the Arms Act 1959 (hereinafter referred to as the Act) with the allegati...supplied to her. These copies did not include the copy of any order sanctioning the prosecution of the petitioner as required under Section 39 of the Act. On 21...

...Section 39 of the Arms Act, 1959, whereby permission was granted to prosecute Jassi alias Jaswinder Sing...under Sections 399/402 IPC and Section 25 of the Arms Act, 1959. The Court of Additional Sessio...Balwinder Singh guilty of an offence punishable under Section 25 of the Arms Act, 1959. Vide a separate ...

.... Amit Choudhary (PW-3) has proved the sanction for prosecution granted by the District Magistrate, Dewas under Section 39 of the Arms Act, ...Section 25(1-B)(a) of the Arms Act, 1959 and sentence of 02 years R.I with fine of Rs.5,000/- with default stipulations of 01 month R.I vide judgment dated 06.08.2024 by.... There is no perversity in the findings of conviction recorded by the trial Court hence, the findings of conviction under Section 25(1-B)(a) of the Arms Act, ...

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...Section 39 of the Arms Act, 1959 (hereinafter referred to as "1959 Act") sanction is r...Act and not for any other offence. According to the counsel, Section 3 of 1959 Act only relates to possession of fire arms and ammunition. It ...accused/respondent was not found in possession of any fire arms or ammunition, therefore, for recovery of knife, his case will fall under Section 4 of 1959 Act....

...during the com-, mittal enquiry, was reconstructed. The accused was thereafter committed to the Court of Session to stand his trial under Sections 25(1)(a) and 27 of the ...provisions of Section 39 of the Arms Act, 1959, which reads as follows:—“No pros...stated in his judgment.12. In this case Mr. Roy has strenuously argued in support of the learned Assistant Sessions Judge that the Criminal prosecution in this case started with the production ...

...gone through the evidence on record and also the judgment of the trial Court. It is very fairly pointed out that so far as this case is concerned, though the appellant was charged under ...mainly on the ground that as required under section 39 of the Arms Act previous sanction of ...offence under section 3 read with section 25 of the Arms Act and under section 128 read with section 177 of the Motor Vehicles ...

...obtain previous sanction as contemplated under Section 39 of the Arms Act. The petitioner was charged with the offence under Section 3 r/w 25(1)(b)(a) of ...for the offence under Section 3 of the Arms Act, as per Section, it requires sanction 6/10 under ....- No prosecution shall be instituted against any person in respect of any offence under Section 3 without the previous sanction of the District Magistrate." ...

...(PW-17) is Reader of District Magistrate who stated before the trial court that the District Magistrate granted sanction for prosecution as per Section 39 of the Arms ...Sections 25(1-AAA), 27(1) & 25 (1-BB) of the Arms Act, 1959 in the following manner:- Sections Appellant No. 1- Dinesh Toppo Appellant No...under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 05.03.2011 passed by Additional Sessions Judge (FTC), Ramanujganj, District- Surguja (C.G.) in Session Trial No...

...) that the offence for which the accused/petitioner had been tried at Jind Court, Haryana, was under Section 3 of the ...accused/petitioner as there is no proof of seizure of the questioned arms and ammunition.7.1 Elaborating the first point, Mr. Moulik submitted that the entire documents including ...contentions placed by the learned counsel and also the documents and evidence available on record. As regards to the first contention urged on behalf of the accused/petitioner that the case at Jin...