HARPREET SINGH Vs. STATE OF H P

JUDGEMENT

(1.) Through the instant petition, the petitioner seeks quashing of FIR bearing No. 47/2011 of 29.4.2011 borne on Annexure P-1 lodged with Police Station East, Shimla also he seeks quashing of the apposite sanction granted for his prosecution by the competent sanctioning authority, sanction whereof stands embodied in Annexure P-9, besides he seeks quashing of consequential proceedings pending before the learned Judicial Magistrate Ist Class Court, No.1, Shimla.

(2.) The genesis of the prosecution case rests upon FIR No. 47/2011 borne on Annexure P-1 wherein unfoldments occur qua the Inspector concerned, on receiving information qua eruption of a dispute amongst Gurpraveen Kaur, Gurpreet Singh, Gurinder Singh, Kavita Chaudhary, Virender Kumar and Shiv Kumar, his proceeding to the relevant site of its eruption, on arrival whereat he noticed qua hot altercations standing exchanged between the aforesaid. The Inspector concerned interceded for pacifying the warring groups, yet the petitioner wielding a rifle in his hands arrived at the relevant site, whereupon others persons present thereat, stood constrained to beseech the Inspector concerned, to notice the factum of the petitioner wielding a weapon, with user whereof there emanating an imminent harm to their lives whereupon the Inspector concerned snatched the rifle from the hands of the petitioner, in sequel whereof he discovered qua in its magazine, its holding five live cartridges. The Inspector concerned took the rifle along with the live cartridges borne in its magazine in his possession, for its safe keeping in the Police Station concerned. Since the petitioner did not at the relevant time hold a valid license qua the rifle, evidently its license expiring on 23.9.2010, in sequel whereto he did not from the licensing authority concerned obtain its renewal therefrom, thereupon the petitioner stood booked for committing offences constituted under Sections 25/30-54-1959 of the Arms Act.

(3.) On conclusion of investigations into the offences allegedly committed by the petitioner, the Superintendent of Police, Shimla made a communication to the District Magistrate, Shimla for the latter according sanction for prosecuting the accused qua the offences embodied in the FIR. The competent sanctioning authority, on applying its mind to the relevant material placed before it, it proceeded to under Annexure P-8 accord the statutory sanction under Section 39 of the Act, for prosecuting the accused. In aftermath, the Investigating Officer concerned under Annexure P-6 submitted a report under Section 173 of the Code of Criminal Procedure before the Magistrate concerned in consequence whereof, the apposite proceedings for holding the petitioner to trial for his committing offences Punishable under Section 25/30-54-1959 stood initiated thereat against him wherefrom the petitioner stands aggrieved, thereupon he stands constrained to institute the instant petition before this Court.