PARVINDER Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since both these petitions arise out of the same recovery memo and involve common facts and evidence and, hence they are being decided by this common order. Heard Mr. Sachin Panwar, Advocate for the petitioners and Mr. Nandan Arya, AGA for the State. None appeared for the respondent no. 2 despite being served .

(2.) By means of these petitions, moved under Section 482 of Code of Criminal Procedure, 1973 (for short, CrPC), the petitioners have prayed for quashing the chargesheets dated 14.2.2010 filed in case crime no. 216/09 and 217/09 respectively under Section 25 of the Arms Act as well as the cognizance order dated 15.5.2010 passed by the Judicial Magistrate, Laksar, District Haridwar in Criminal Case No. 280/2010 and 279/2010.

(3.) Facts, in brief, are that an FIR was lodged by respondent no. 2 against the petitioners alleging that on 13.8.2009, the police party was on patrolling duty. At about 12.45 pm, when the police party reached at the gate of Birla Tyre Factory, Laksar they saw that some persons were quarelling and seeing the police party, they fled from the spot. Sher Singh and Anil who were present on the spot told the police about the damaged Maruti Zen Car No. UP07E7942 and further said that the same was being driven by petitioner Sandeep while another petitioner Parvinder was sitting on the back seat and both of them were having country made pistols in their hands and when they saw the police party, both of them escaped from the spot living behind the aforesaid car and their countrymade pistols in the said car. Thereafter police recovered the said country made pistols. On the basis of this FIR, a case was lodged against the petitioners and after the investigation, the I.O. filed the impugned chargesheets against the petitioners under Section 25 of the Arms Act, on the basis of which learned Magistrate took the cognizance of the offence against the petitioners and summoned them vide order dated 15.5.2010.