RAM PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) RAM Pal son of Duli Chand resident of village Dhabh Kalan, Tehsil Hansi, District Hisar was arrested on 20-12-1992 as a consequence of the recovery of a country made pistol and one live cartridge. The FIR was lodged only for an offence under Section 25 of the Arms Act at the instance of Jai Singh Inspector. However while preparing a report under Section 173 of the Code of Criminal Procedure Section 5 of the Terrorists and Disruptive Activities (Prevention) Act, 1987 was also added and a challan presented and the Designated Court, Bhiwani framed a charge on 26-3-1993 under Section 5 of the Terrorists and Disruptive Activities (prevention) Act, 1987 besides Section 25 of the Arms Act. The framing of the charge under Section 5 of the Terrorists and Disruptive Activities (prevention) Act, 1987 has been challenged by means of this petition moved under Section 482 of the Code of Criminal Procedure.

(2.) THE FIR No. 207 which was lodged after the recovery of the aforesaid weapon and one live cartridge, is reproduced as under :-

(3.) THIS also disposes of Criminal Misc. No. 4768-M of 93 Vijender Singh v. The State of Haryana and in this case as well the charge framed against the petitioner on 26-3-1993 is hereby quashed and it is also made over to the Chief Judicial Magistrate, Bhiwani for decision of the case under the Arms Act only in accordance with law.