Amandeep vs State of Uttarakhand & others

The First Information Report has been lodged by respondent No. 4, which has been registered as FIR No.584 of 2017, under Section 25 of

the Arms Act, at Police Station- Bazpur, District- Udham Singh Nagar against unknown persons. Apprehending his arrest, the petitioner has

approached this Court for relief.

The first information report states that in the abandoned car, arms were recovered, and subsequently it was found that the same car belongs to

the petitioner, therefore, the petitioner has been charged under Section 25 of the Arms Act.

Considering the overall facts and circumstances of the case as well as the nature of offence and since the maximum punishment in this offence is

seven years or less, a limited interference is called for in the matter.

The writ petition stands disposed with the direction to the police authorities to proceed with the investigation in accordance with law, subject to

the full cooperation of the petitioner in the investigation, but as far as the arrest of the petitioner is concerned, the same may be done only under the

parameters as framed under Section 41 and Section 41A of Cr.P.C. as well as following the guidelines given by the Hon''ble Apex Court in the

case of Arnesh Kumar Vs. State of Bihar & another, reported in (2014) 8 SCC 273.

It is further made clear that this order shall remain operative till the filing of charge sheet, in case of that event.