BALJESH RAI Vs. STATE OF H.P.

JUDGEMENT

(1.) The present petition, under Section 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code"), has been maintained by the petitioner for quashing of F.I.R No. 71/15, dated 11.05.2015, under Sections 25, 54 and 59 of the Arms Act (hereinafter to be called as "Arms Act") registered at Police Station Nadaun, District Hamirpur, H.P., alongwith all consequent proceedings arising out of the said F.I.R., pending before the learned trial Court.

(2.) As per the prosecution case, the main accused, who has expired now, was having a stolen pistol and the petitioner sold cartridges to him without verifying his license, so the petitioner has committed an offence under the Arms Act. Conversely, as per the petitioner, he is innocent, hence, the present petition for quashing the proceedings against him.

(3.) Mr. Tara Singh Chauhan, learned counsel for the petitioner has argued that the cartridges are not arms and no case under Arms Act is made out against the petitioner. He has further argued that there is no evidence that the petitioner has sold the cartridges, as no one has given such a statement and the case made out by the police is a false case and after appreciating the evidence and documents on record, the proceedings may be quashed.