The court quashed the petitioner's prosecution under the Arms Act due to a valid license but dismissed the petition regarding the charge of exactly Section 336 IPC.
Prosecution under Arms Act quashed; petition dismissed regarding Section 336 IPC.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-1043 of 2009 (O&M)
Date of Decision: October 21, 2009
Lal Singh
… Petitioner
Versus
State of Punjab and another
… Respondents
CORAM: HON’BLE MR. JUSTICE S.D. ANAND.
Present : Mr. Jasbir Rattan, Advocate, for the petitioner.
Mr. B.B.S. Teji, AAG, Punjab,
Mr. Nandan Jindal, Advocate, for respondent No.2.
S.D. Anand, J.
The petitioner is being prosecuted in case FIR No. 6, dated 29.01.2008 for an offence under Section 336 IPC and certain provisions of the Arms Act.
Insofar as the latter part of the prosecution is concerned, the learned State counsel states that he is not in a position to controvert the averment (made on behalf of the petitioner) that the petitioner was indeed found to be a valid licencee for the possession of the fire arm under reference.
2
Crl. Misc. No. M-1043 of 2009
In the light thereof, there is no justification for allowing the prosecution of the petitioner under the Arms Act to continue. That part of the prosecution shall stand quashed.
However, there is no reason to quash the prosecution for the offence under Section 336 IPC. The learned counsel for the petitioner has not been able to persuade this Court to grant an order in favour of the petitioner qua the prosecution for violation of the provisions of Section 336 of the Indian Penal Code. The petition shall stand dismissed qua that part of the relief.
Disposed of accordingly.
October 21, 2009 vkd
( S.D. Anand ) Judge
Crl. Misc. No. M-1043 of 2009 3
3 issues framed by the court
Whether the petitioner's prosecution under the Arms Act should be quashed given valid license.
Whether the prosecution for the offence under Section 336 IPC should be dismissed.
Whether to allow continuation of prosecution for specific offences.
2 provisions across 2 enactments
Lal Singh
State of Punjab
another
S.D. Anand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
