RANBIR SINGH Vs. PARVEEN KUMAR

JUDGEMENT

(1.) This is petition under Section 482 Cr.P.C for quashing of the complaint dated 25.01.2006 (P-3), summoning Order dated 11.10.2007 (P-4), as well as, Order dated 21.01.2009 (P-5) passed by the Court of Additional Sessions Judge, Narnaul and all subsequent proceedings pending in the Court of Judicial Magistrate Ist Class, Narnaul.

(2.) The facts, in short, are that FIR No.86 dated 15.06.2005 under Sections 25 and 54 of Arms Act was registered at Police Station Nangal Chaudhary against Shyam Lal, Mohan Lal (petitioners No. 2 and 3, respectively), as well as, Balraj Singh, driver as on the search of the car, in which, the petitioners were travelling, one rexion bag was found, on which, RR was printed in white colour and on opening the chain of the bag, two country made pistols 315 bore and 4 cartridges of 315 bore recovered. Another attache of green blue colour was found lying in the dicky of the car, in which, two iron boxes containing 41 small spikes of iron and the second box containing 40 small spikes of iron were recovered. One photo of pooja with sindhoor wrapped in an envelope along with one piece of cotton was also found. All these articles along with arms were taken into possession by the police vide separate recovery memo after sealing the same. Thus, a prima facie offence under Sections 25 and 54 of Arms Act was made out against the accused.

(3.) During investigation of the case, it transpired that in fact, both Shyam Lal and Mohan Lal have been trapped in this case by planting arms in the dicky of the car at the instance of Vinod Kumar Gupta through Parveen Kumar Pandit (present respondent) and his brother-in-law Krishan Lal in order to settle the score with them on account of a dispute they being business partner. The police after thorough investigation found the commission of offence under Section 120B IPC read with Section 25 of Arms Act against these four persons, namely, Vinod Kumar Gupta, Rajender Sharma, Parveen Kumar and Krishan Lal. The inter-se connection between these four was established through mobile phone record, as well as, land-line telephones, as well as, the statements of other witnesses. The police after thoroughly investigating the matter, presented the report under Section 173 Cr.P.C on 09.06.2006 under Section 120B IPC read with Section 25 of the Arms Act against these four accused.