IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24112 of 2005 RAMBAHADUR SAHNI, son of Late Paltu Sahni, village Lalbegia, PS Chiraiya, Dist. East Champaran. Versus STATE OF BIHAR ----------- 5 30.11.2010 The petitioner has challenged the order, dated 10.3.2005 passed by the Subdivisional Judicial Magistrate, Sikarahna in Trial No. 1674/2004 by which his petition under section 239 of the Code of Criminal Procedure has been rejected. The short facts of the case are that on 14.9.2003 the District Magistrate, Motihari issued notice to the petitioner to deposit his gun The petitioner was out of station and, therefore, he did not receive the notice. However, his brother was informed by the police station, that a notice has been issued for deposit of the licensed gun. On 26.9.2003 the gun was deposited by the brother of the petitioner. However, in the mean time the Officer Incharge filed a case under section 25 (1-B) (A) / 26 of the Arms Act. The District Magistrate could have cancelled the licence or passed appropriate orders, before institution of the criminal case or could have conducted an enquiry before cancellation of the licence. The fact that the gun was subsequently deposited indicates that the petitioner had no intention of disobeying the orders / direction of the District Magistrate. It is not as if the petitioner was a criminal and had participated in some activities, in which he had utilized his licensed gun to commit a criminal act. In such circumstances on such hyper technicality and 2 merely for disobedience of the order of the District Magistrate the petitioner is being asked to face a criminal trial. In the circumstances I find that no substantial offence is made out against the petitioner except the disobedience of the order of the District Magistrate. I accordingly quash the impugned order, dated 10.3.2005 passed by the Subdivisional Judicial Magistrate, Sikarahna in Tr. No. 1674 of 2004. This application is allowed. haque ( Sheema Ali Khan, J.)