ASHOK KUMAR @ ASHOKI Vs. STATE (GNCT OF DELHI)

JUDGEMENT

(1.) By way of the present petition, the petitioner seeks directions thereby quashing the criminal proceedings and charge sheet in case FIR No. 136/2018, dated 14.04.2018, registered at Police Station - Nabi Karim for the offences punishable under Sections 25/54/59 of the Arms Act and consequent proceedings arising therefrom.

(2.) The case of petitioner is that he was arrested in afore-noted case on 13.04.2018 and after arresting, the I.O. recorded his first disclosure statement on 13.04.2018 itself. However, in order to falsely implicate the petitioner under Arms Act, I.O. recorded his supplementary disclosure statement on 14.04.2018 and in the disclosure statement, allegation of pistol in possession of the petitioner was shown. Accordingly, a raiding party was constituted which was led by the IO SI Mehrab Alam along with other 10 police officials of PS Nabi Karim and a pistol was shown to have been recovered from the house of petitioner. Consequently, present case was registered. Subsequently, another disclosure statement dated 17.04.2018 was recorded by the I.O., wherein the name of the son of the petitioner came on record with the allegation that weapon had been arranged by him (son) and he absconded with the another pistol and cartridges. He moved anticipatory bail application before the Sessions Court as well as this Court, however, he could not get relief from any Courts and therefore, he surrendered himself. During investigation, nothing incriminating i.e. any pistol or live cartridges were recovered from the possession of son of the petitioner, following which the IO moved an application for release and the Metropolitan Magistrate vide its Order dated 06.09.2018, released the son of the petitioner from this case.

(3.) It is further the case of the petitioner that apart from the two cases including the present one, in another F.I.R. No.140/2018 U/s 3/4 of Delhi Gambling Act was registered to falsely implicate him. The police officials of Police Station Nabi Karim took all the articles and money of the petitioner from his house at the time of raiding and the IO SI Mehrab Alam implicated the petitioner and his family falsely in illegal acts.