LAWS(SC)-2024-12-5

IRFAN KHAN Vs. STATE (NCT OF DELHI)

Decided On December 03, 2024
IRFAN KHAN Appellant
V/S
STATE (NCT OF DELHI) Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The appellant seeks quashment of the proceedings of the criminal case arising from FIR No. 477 of 2022 dtd. 9/7/2022 lodged against him at Police Station, Govind Puri for the offences punishable under Ss. 25, 54 and 59 of the Arms Act, 1959 [Hereinafter, being referred to as 'Arms Act']. It was inter alia alleged in the FIR that the appellant was found in the Pravasi Park acting suspiciously. Upon being searched, a buttondar knife having dimensions, 31.5 cms in length (blade length of 14.5 cms and handle of 17 cms) and width of 3 cms, was recovered from his possession.

(3.) After investigation, a charge-sheet came to be filed against the appellant in connection with the aforesaid FIR for the offences punishable under Ss. 25, 54 and 59 of the Arms Act. The appellant approached the High Court of Delhi by filing a petition [Criminal MC No. 1736 of 2023] under Sec. 482 of the Code of Criminal Procedure, 1973 [Hereinafter, being referred to as 'CrPC'] for quashing of the FIR, the consequential charge-sheet, and all the proceedings sought to be taken thereunder. The said petition stands rejected vide order dtd. 18/4/2023 which is assailed in this appeal by special leave.