SURINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through this Criminal Misc., Surinder Singh has prayed for quashing of FIR No. 108/2000 dated 17.5.2000, registered at Police Station, Ajnala, under Sections 506/279 of Indian Penal Code, 25/27 of Arms Act.

(2.) One Dalbir Singh is the author of this FIR. As per him, on 13.5.2000 at about 4.00 P.M., he was standing near his house on one side of the road that Bhagwan Singh son of Surinder Singh came there on a Peter Rehra from the side of village Granthgarh. Bhagwan Singh did not slow down the Peter Rehra on the turning Nephews of Dalbir Singh were playing on the road. A little ahead they had narrow escaped from being running over. Dalbir Singh asked Bhagwan Singh to slow down the Peter Rehra at the turning. Thereupon, the altercation ensued between Dalbir Singh and Bhagwan Singh. In the meantime, one Surinder Singh Sarpanch of the village came to the spot. He got them separated. On 16.5.2000, Bhagwan Singh again passed near Dalbir Singh and his brother Jagir Singh on Peter Rehra, whereupon, Dalbir Singh asked the reason why he was passing from there time and again and an altercation ensued. They hurdled abuses at each other. After about half an hour, Bhagwan Singh came with the licenced gun of his father Surinder Singh along with cartridges. He gave abuses to Dalbir Singh and his brother Jagir Singh and threatened to kill them. Both Dalbir Singh and Jagir Singh picked wrested cartridges from Bhagwan Singh and while grappling with each other, Bhagwan Singh ran away with his gun. Dalbir Singh produced the cartridges before ASI Kabal Singh.

(3.) In my opinion, no case is made out so far as Surinder Singh is concerned because he was not driving the Peter Rehra. It was his licenced gun, which was being carried by his son Bhagwan Singh and which he had not used for any purposes whether lawful or unlawful. As per the allegations in the FIR, Bhagwan Singh came after taking the licenced gun of his father Surinder Singh with cartridges and give abuses to Dalbir Singh and his brother Jagir Singh and threatened to kill them. Before he could try to threaten again, both Dalbir Singh and Jagir Singh wrested cartridges from Bhagwan Singh and he was left with only unloaded gun. The unloaded gun could not have been used for any unlawful purpose as is the purport of Section 27 of Arms Act.