Arvind Sharma vs State Of Uttarakhand And Others
2023 Latest Caselaw 791 UK

     HIGH COURT OF UTTARAKHAND AT
               NAINITAL
            Criminal Writ Petition No.453 of 2023

Arvind Sharma                                          ....Petitioner

                               Versus

State of Uttarakhand and Others                     ....Respondents

Present:-
            Mr. Tanuj Semwal, Advocate for the petitioner.
            Mr. Lalit Miglani, A.G.A. for the State.

                            JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The petitioner Arvind Sharma seeks quashing of

FIR No.140 of 2023, dated 08.03.2023, under Section 3/25 of

the Arms Act, 1959, Police Station Rudrapur, District Udham

Singh Nagar, with related reliefs.

2. Heard learned counsel for the parties and

perused the record.

3. According to the FIR, on 08.03.2023, a country

made pistol of 315 bore was recovered from one Harsh

Sharma. On interrogation, he revealed that the petitioner,

who happens to be his maternal uncle, had given him the

country made pistol.

4. Learned counsel for the petitioner would submit

that there is no evidence against the petitioner except the

statement of the co-acccused.

5. It is a writ petition under Article 226 of the

Constitution of India. In case, the FIR discloses commission of

offence, generally, no interference is warranted unless there

are compelling circumstances to do so.

6. Whether the statement, as recorded in the FIR is

true or not, it falls for scrutiny during investigation or the

trial, as the case may be.

7. Learned counsel for the petitioner would also

submit that he is ready to cooperate with the investigation,

but he apprehends his arrest.

8. If the petitioner apprehends his arrest, perhaps,

he may have other remedies available under the Code of

Criminal Procedure, 1973. Merely on that ground, the writ

petition may not be entertained. Therefore, this Court is of the

view that there is no reason to make any interference.

Accordingly, the petition deserves to be dismissed at the stage

of admission itself.

9. The petition is dismissed in limine.

(Ravindra Maithani, J.) 23.03.2023 Ravi Bisht