RAJVEER SEHGAL Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) PETITIONER has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the FIR No. 119 dated 27.06.2011 under Sections 420, 465, 468 and 471 of the Indian Penal Code, 1860 registered at Police Station Moga. Learned Senior Counsel for the petitioner has submitted that petitioner has been falsely involved in this case. In fact, petitioner was having dual citizenship and was entitled to get Arms Licence in India in view of Citizenship Act, 1955. In fact, the Arms Licence issued to the petitioner was initially valid from the year 2010 and October, 2012 and thereafter, had been revalidated. Petitioner is ready to surrender the licence. Petitioner has recently got married in India. The FIR in question had been lodged with a view to stop the wife of the petitioner to accompany him to America. Learned Senior counsel has further submitted that no specific averment had been made against the petitioner in the FIR and he was merely named as an accused.

(2.) LEARNED State counsel as well as counsel for respondent No. 2, on the other hand, have opposed the petition and have submitted that petitioner had submitted a false affidavit at the time of obtaining Arms Licence by stating that he was resident of India and did not hold citizenship of any other country, although, petitioner is citizen of America and is settled there.

(3.) AS per Annexure P -5, petitioner has been issued Passport No. A -434912 as Overseas Citizen of India on 10.06.2009. However, a perusal of affidavit submitted by the petitioner (Annexure R -1) attached with the reply filed by respondent No. 2 reveals that petitioner while applying for Armed Licence had submitted as under: -