UPDESH ALIAS CHHUNNA Vs. STATE OF U P

JUDGEMENT

(1.) -This petition has been filed by the petitioner Updesh alias Chhunna for quashing of the F.I.R. dated 23.6.2007 lodged by S. I. Pratap Singh under Section 5/25 of the Arms Act in Case Crime No. 94 of 2007 at P. S. Airwa Katra, district Auraiya.

(2.) THE allegations in the F.I.R. were that a police party headed by S. I. Pratap Singh received information that three persons were running a Bhatti (fireplace) in the Babool forest near village Sitawat and illegally manufacturing country made pistols. THEreupon the police reached the spot on 23.6.2007 at 11.50 a.m., and arrested co-accused Ganesh while two persons are said to have made good their escape. From Ganesh's possession, several country made pistols at very stages of manufacture and parts of weapons, implements such as blades, hathauri, screw driver and reti etc., for manufacturing illicit fire arms were recovered. On arrest Ganesh disclosed the name of the petitioner and one Rakshpal Singh, as the persons, who fled away from the spot. It was argued by the learned counsel for the petitioner that statement of the co-accused is inadmissible in evidence. We are not in agreement with this contention. At the stage of investigation of case; it has only to be seen whether there is any material against an accused. THE legal evidentiary value of the said material is a matter for appreciation during trial by the trial court. Also other material may be forthcoming after the interrogation and arrest of the petitioner, and staying the arrest of the petitioner at this stage would amount to interfering with the investigation which is not permissible or desirable. THEre is, therefore, no ground to quash the F.I.R. or to say the arrest of the petitioner.

(3.) WE, therefore, think that a sustained campaign be conducted to unearth the distribution and spread of illegal fire arms, ammunitions, bombs etc. and for evolving a sustained and comprehensive strategy to control the proliferation of arms and for punishing arms offenders. On the next date of listing we would like a return filed by the D.G.P., U. P. indicating :