Manjit Kaur vs State of Punjab

Ritu Bahri, J.—The petitioner is seeking quashing of FIR No. 52 dated 04.07.1986 under Sections 25 /54 /59 of Arms Act IPC, registered at Police Station, Mahal Kalan (Annexure P1). Vide judgment dated 26.5.1990, main accused Gursewak Singh has been acquitted. The petitioner was declared proclaimed offender on 8.4.1987 when she was in England.

The FIR was registered with the allegation that on 12.5.1986, in the area of Village Bahmani, Gursewak Singh was found in possession of one 12 bore pistol country made, one revolver 32 bore and five live cartridges of 32 bore and 4 cartridges of 12 bore without any licence or permit. In order to brief the case, prosecution has examined only Sardul Singh, Inspector as PW-1 and Hardeep Singh, Inspector (PW-2) and Piara Singh, Sub Inspector (PW-3). The case of the prosecution is that it was Gursewak Singh, from whom the recovery has been effected and was witnessed by Piara Singh, Sarpanch, Chhota Singh, Member Panchayat and Malikat Singh Member Panchayat of Village Bahriania. However, Piara Singh, Malkiat Singh and Chhota Singh independent witnesses have not been examined by the prosecution. There are major contradictions in the deposition of PW-2 and PW-3. As per Hardeep Singh, Inspector (PW-2), they apprehended Gursewak Singh and he obeyed and stopped. However, as per Piara Singh, Sub Inspector (PW-3), police raiding party was in two government matadors and after parking the said vehicles on the road, they ran after the accused and apprehended him in the field. The trial Court giving the benefit of doubt to the accused Gursewak Singh, acquitted him of the charges levelled against him.

This Court vide order dated 28.5.2012, granted liberty to the petitioner to appear before the trial Court and submit her bail bonds.

Learned counsel for the petitioner has informed the Court that on 11.9.2012, the petitioner had appeared before the Additional Chief Judicial Magistrate and her bail bonds in the sum of Rs. 50,000/- with one surety of like amount were accepted. This fact has not been disputed by the respondent.

After going through the judgment of the trial Court, this court is of the opinion that there is no evidence which can be led against the petitioner, which may lead to her conviction. Consequently, in view of the above circumstances and in view of the judgment of the Full Bench of this Court in Sudo Mandal @ Diwarak Mandal Vs. State of Punjab, (Crl. Appeal No. D-638-SB) of 2007, decided on 17.3.2011, FIR No. 52 dated 04.07.1986 under Sections 25 /54 /59 of Arms Act IPC, registered at Police Station, Mahal Kalan (Annexure P1) is quashed with all consequential proceedings arising therefrom qua petitioner. Petition is disposed of.