STATE Vs. H C SANJIV MALIK

JUDGEMENT

(1.) Crl.M.A. 4788/2019 (for recalling of order dated 22.11.2018),

(2.) It is stated that one Mahender Gupta (first accused) had been granted arms license, its validity, however, being restricted to territory of Delhi only. He statedly was desirous of getting it extended for "All India" use. The arms license of Mahender Gupta was valid upto 04.04.2005. He approached the office of DCP/ licensing with a request for change of residential address. During scrutiny of the said application, it was noticed that the endorsement on the said arms license about extension of its area validity to "All India", purportedly under the signatures of Mr. S.K. Pant, ACP/licensing, was forged. There was no corresponding record in the said office pertaining to the said entry dated 26.12.2002. It was found that applications had been earlier made for such extension in 2001 and 2002 but rejected by the government. The internal inquiry included the said Mahender Gupta being called and questioned, this statedly bringing out the involvement of the applicant he having been earlier posted in the licensing branch for certain period.

(3.) On the complaint of DCP (Headquarters), first information report (FIR) No.338/2004 was registered by Police Station Defence Colony for investigation into acts of commission and omission which constituted prima facie offences punishable under sections 471/120B of the Indian Penal Code, 1860 (IPC). Upon conclusion of the investigation, report (charge-sheet) under section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) was submitted in the court of Metropolitan Magistrate. The applicant, and the said Mahender Gupta, were summoned as accused.