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Bombay High CourtAPPLN/1775/2025disposed off

Shubham Dinkar Sarnikar v. The State Of Maharashtra And Another

2025-07-21Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

10 appln.1775.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

10 CRIMINAL APPLICATION NO. 1775 OF 2025 SHUBHAM DINKAR SARNIKAR

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Krishna Pratap Rodge. APP for Respondent / State : Smt. R. P. Gour. ...

CORAM :

SMT. VIBHA KANKANWADI & SANJAY A. DESHMUKH, JJ.

DATE :

21st July, 2025.

P.C.:

.

Issue notice to the respondents.

The learned APP waives notice for both the respondents. As on today after going through the charge-sheet, it can be found that the notification as contemplated under Section 4 of the Arms Act has not been annexed alongwith the charge-sheet. Time and again, this Court while dealing with such matters, wherein Section 3 or Section 4 of the Arms Act is involved, seeks clarification from the learned APP regarding the existence of the sanction or notification, as the case may be.

Unfortunately, in many cases in spite of notification being not annexed with the charge-sheet, cognizance is taken by the concerned

10 appln.1775.25.odt Magistrates and therefore, it is high time now to get an explanation from the Government as to whether there is any such notification in existence as contemplated under Section 4 of the Arms Act and why it is not available with each police station and why copy of the same is not annexed with each charge-sheet. Affidavit to that effect to be filed by respondent No.1 or by the DSP, Beed or even by any higher officer, on or before 1st August, 2025. A copy of the same be given to the other side in advance.

Place the matter for further consideration on 6th August, 2025. [ SANJAY A. DESHMUKH, J. ] [ SMT. VIBHA KANKANWADI, J. ] nga