This petition is by the widow of Dilbagh Singh.He was one of theaccused in case FIR No. 89/85 of P.S. Delhi Cant.for offences under Sections 186, 353, 332/34 and 307/34, IPC along with three others, namely Baleshwar Solanki, Ram Lal and Padam Singh.JUDGMENT Devinder Gupta, J.With respect to the same occurrence, another case was registered vide FIR No. 90/85 at P.S. Delhi Cant for offence under Section 27 of Arms Act, 1959 (Act No.54 of 1959) against Padam Singh, son of Subh Ram, the sole accused in that case.2. Dilbagh Singh, the petitioner's husband was the holder of arms licence No. 61/PS/Rai/SDM/S for 32 bore revolver No. H - 108289, Make-Smith & Wessions for which FIR No. 90/85 was registered against Padam Singh.Padam Singh was tried for offence under Section 27 of Arms Act in FIR No. 90/85 in the Court of Metropolitan Magistrate, New Delhi.On 6.6.1986 proceedings against Padam Singh were dropped by the Metropolitan Magistrate by the following order:"Report received back from the Police Station Delhi Cant.regarding the death of accused Padam Singh.It is verified by the police.Proceedings against the accused Padam Singh be dropped and file be consigned to record room.Trial of the other case, which was subject matter of FIR No. 89/85 proceeded in the Court of learned Additional Sessions Judge, New Delhi against four accused persons.In the said case on 28.2.1985, an application was moved before the Metropolitan Magistrate by accused Dilbagh Singh, on the strength of his arms licence stating that as the revolver had been taken possession of by the police from his custody, the same be ordered to be returned to him.On 1.3.1985, an order was passed by the Metropolitan Magistrate for return of the revolver to Dilbagh Singh on superdari of Rs. 10.000/- with the direction that the same be produced in the Court as and when directed.However, the fire arm was not taken on superdari by Dilbagh Singh pursuant to the said order.As Padam Singh expired on 27.4.1986, proceedings against him in Sessions Case No.68/86, State Vs.Baleshwar & Ors.(FIR No. 89/85 of P.S. Delhi Cant.) also stood abated.Proceedings against him also stood abated.Baleshwar & Ors.), while acquitting the other co-accused.In this case also, no order was passed by the Court for disposal of the revolver.It appears that on 12.3.1987, an application was moved by S.H.O., P.S. Delhi Cant.for confiscation of the revolver stating that the accused Padam Singh in FIR No. 90/85, for offence under Section 27 of Arms Act, had expired on 27.4.1986 and the case stood decided on 6.6.1986, against which no appeal was preferred and the property involved in the case was no more required, therefore, necessary orders for its disposal be passed.On this application, the following order was passed by Mr. A.S. Yadav, Metropolitan Magistrate, New Delhi in March, 1987:After decision of Sessions Case No. 69/86 (State Vs.Baleshwar & Ors.), the petitioner (widow of Dilbagh Singh) moved an application for return of the revolver in question.Report was called on the said application.In view of this report, the application was dismissed on 16.4.1993 an infructuous.Padam Singh expired on 27.4.1986 and the criminal proceedings against him in FIR No. 90/85 stood abated.No order was passed by the Magistrate on 6.6.1986 regarding custody or disposal of the revolver when proceedings against Padam Singh were ordered to be dropped and file was ordered to be consigned to records.The petition stands disposed of.

Cited provisions: Section 452 in The Indian Penal Code; Section 457 in The Indian Penal Code