LAL BABU SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been filed for quashing of entire criminal prosecution initiated against the petitioner vide F.I.R bearing Dhanbad (Bank More) P.S.Case No.593/2015 dtd. 6/6/2015 corresponding to G.R.Case No.2572/2015 lodged under Sec. 420/467/468/471/34 of the I.P.C. and Sec. 25(1-b)a/35 of the Indian Arms Act, 1959, pending in the court of learned Chief Judicial Magistrate, Dhanbad.

(2.) The F.I.R was lodged on the statement of Officer Incharge, namely Ashok Kumar Singh, alleging therein:

(3.) That the petitioner along with his personal bodyguard namely Amal Thapa came to the Bank More police Station at about 8 pm on 30/5/2015 and on his written request an FIR bearing Bank More P.S. Case No.561 of 2015 dtd. 30/5/2015 under Sec. 341/323/427/506/34 IPC, when the petitioner left the police station, the informant received a secret information that the said bodyguard of the petitioner was having a pistol and he had obtained the licence for the same by committing fraud and cheating. After making entry in the station diary, at about 10.10 pm, the police party inspected the temporary residence of the said Amal Thapa for seizure of the pistol and licence in question and in this course, the police found a copy of the arms licence bearing no.316/2009, which was issued by the District Arms Officer, Khagariya, Bihar and a copy of AADHAR of Amal Thapa. Later on, the Arms licence of Amal Thapa was verified from the office of District Arms Officer, Khagariya, Bihar which was found false and fabricated.