Petitioner sought quashing of an FIR under the Arms Act in a writ petition. The court held that once investigation is complete with a charge sheet, it cannot interfere with the FIR at that stage.
Criminal writ application quashing the FIR stands dismissed.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (Cr.) No. 21 of 2020
Idul Ansari @ Md. Idul Ansari…..….......
Petitioner(s)
Versus
Coram: Hon’ble Mr. Justice Ananda Sen
Through:-Video Conferencing
…… For the Petitioner : Mr. Lukesh Kumar, Advocate For the State : Mr. Aditya Raman, Ac to GA-III
Learned counsel for the petitioner prays to ignore the defects and take up the matter on merits.
Defects stand ignored for the present.
The petitioner, in this application under Article 226 of the Constitution of India, has prayed to quash the FIR in relation to Bank More P.S. Case No. 277 of 2019, registered for the offence punishable under Sections 25(1-B)(a) and 26 (2) of the Arms Act.
Counsel for the petitioner submits that as per the records the petitioner was arrested from “Bypass Chhath Talab”, whereas the CCTV footage will show that the petitioner was arrested from his house. He submits that there was no seizure also.
This cannot be a ground to quash the FIR. So far as fair investigation is concerned, AC to G.A-III submits that charge sheet has already been submitted in this case.
This suggests that the investigation has already been completed. If the petitioner has any grievance, he may raise his grievance before the court below at an appropriate stage. In this application, under Article 226 of the Constitution, this Court cannot interfere in the FIR when the same suggest commission of cognizable offence. Accordingly, this criminal writ application stands dismissed.
( Ananda Sen, J )
Mukund/-cp.3
1 issue framed by the court
Whether the High Court can quash the FIR under Article 226 when the investigation has been completed and a charge sheet has already been filed.
2 provisions across 2 enactments
Idul Ansari
State of Jharkhand
Deputy Commissioner, Dhanbad
Senior Superintendent of Police, Dhanbad
Superintendent of Police, Dhanbad
Officer In-Charge, Bhuli O.P., Dhanbad
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
