IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.57178 of 2007 AJAY VERMA, son of Nageshwar Prasad Verma, resident of Ghatha Ghat, P.S. – Sultanganj, District – Patna. ------ Petitioner. Versus STATE OF BIHAR ----- Opp. Party. ------- For the petitioner : Mr. Harish Kumar, Advocate. For the State : Mukeshwar Dayal, APP. --------- 2 09.04.2010 Heard learned counsel for the petitioner and State. This is an application under Section 482 of the Criminal Procedure Code, seeking quashing of order dated 23.11.2007, passed by 1st Additional Session Judge, Patna in Session Trial No. 1104/2007 arising out of Sultanganj P.S. Case No. 155/2007 registered under Section 25(1-B)A, 26 of the Arms Act. Initially, the case was pending in the court of Sri Deepak Kumar, Judicial Magistrate, 1st Class, Patna City, who subsequently finding the case under Section 26(2) of the Arms Act exclusively triable by the court of session committed the case. But, ultimately it was transferred to the court of Additional Sessions Judge, 1st Class, Patna, where petition seeking discharge was filed on hearing learned counsels. The court below prima facie came to the conclusion that recovered revolver made in England is a prohibited arm. Consequently, petition under Section 227 of the Criminal Procedure Code was rejected giving rise to the present application. It is submitted that trial has already commenced there - 2 - before the court below. Learned counsel for the petitioner by going through the definition of prohibited arm tried to lead emphasis that the recovered arm was not of such category. Since learned Sessions Judge has already opined that recovered revolver was prohibited arms and rejected the prayer made under Section 227 of the Criminal Procedure Code and trial has already commenced at this stage. I do not find any reason to interfere in the order and further proceedings is trialed. The petitioner is at liberty to agitate all his points before the trial court regarding nature of seized weapon along with other materials and the court below shall consider the submissions and materials without any prejudice of instant order of inference. With this observation and liberty, this application stand disposed of. Rajeev/ (Akhilesh Chandra, J.)