S.S.AHLUWALIA Vs. STATE THR CBI

JUDGEMENT

(1.) This is a petition filed under Section 482 of the Criminal Procedure Code (for short "the Code") seeking quashing of the following; FIR RC No. 6/1987, CBI/SIU-1/SIC-1 dated August 31, 1987 under Section 420 of the IPC and Section 25 of the Arms Act before the Court of the Ld. CMM, Delhi entitled "CBI v. S. S. Ahluwalia" and all subsequent proceedings emanating therefrom; the Order on charge dated January 30, 2010 and the Order framing charge dated February 10, 2010 passed by the Ld. CMM, Delhi; and Order dated November 28, 2010 passed by the Ld. ASJ, New Delhi. The facts leading to the instant petition are as follows:

(2.) The aforesaid FIR was filed based on a complaint received by the Deputy Commissioner (DC), Kohima, Nagaland. In the said complaint information was given to the respondent concerning the various arms held by the petitioner and his wife while he was posted in Nagaland as Financial Commissioner. The following arms were said to be held by the petitioner against his respective license numbers, prior to the year 1985:

(3.) Upon completion of the investigation, the charge sheet was filed on December 23, 1992. The charge sheet reveals that the petitioner had acquired two weapons from M/s B.R. Sawhney & Company, Chandni Chowk, Delhi against the newly obtained license dated September 24, 1985. The charge sheet also discloses that the following words were handwritten by the petitioner, "NP Bore Rifle" and "2000 each'below the endorsement made by the clerk in respect of the purchases. The handwriting expert has also confirmed that the said additions were made by the petitioner. The charge sheet states that the original license allowed the license holder to purchase a maximum of 200 cartridges during the year and that by adding the extra "0" to the number of cartridges, a case under Sections 467 and 471 of the IPC was made out against the petitioner.