SWAMI SHRI SUNDER DAS Vs. STATE

JUDGEMENT

(1.) By way of instant petition, the petitioner seeks to quash the proceedings against him for offence under Section 29(b) of the Arms Act.

(2.) The brief facts giving rise to the instant petition are that one Om Prakash lodged a First Information Report at Police Station, Khedapa stating inter alia that on 5.11.2000 a mob led by Charan Das and Madan Singh damaged his wall. It is also alleged that Charan Das fired at him. However, he escaped. The accused-Charan Das was arrested and a gun was also recovered from him. After usual investigation a charge-sheet has been filed against Charan Das and others for offence under sections 436 and 307 IPC. A charge-sheet has also been filed against the petitioner for offence under Section 29(b) of the Arms Act. It is contended by the learned counsel that there is no evidence worth the name that the accused-Charan Das used the gun belonging to petitioner-Sunder Das.

(3.) In order to appreciate the contentions it could be apt to read Section 29(b) of the Arms Act.