Rohtan Singh vs State of U.P. and City Magistrate Agra, Officer-Incharge Arms

K.N. Sinha, J.—By means of present application u/s 482 Cr.P.C, the applicant has prayed for quashing of charge sheet No. 75 dated 18.7.1994 arising out of Crime No. 138 of 1993, under Sections 420, 468 and 471 I.P.C (Case No. 126 of 1996), pending in the court of Addl. Chief Judicial Magistrate, Agra as against the applicant.

The brief facts, as set forth in the F.I.R. are that the applicant purchased revolver from one Sulkhan Singh. The revolver belonged to father of Sulkhan Singh, who died, The said Sulkhan Singh obtained succession certificate from the court of Sri K.K. Upadhaya, A.D.M. City. Agra. Thereafter it is alleged that said Sulkhan Singh sought permission by the A.D.M. City to sell the revolver and on the basis of succession certificate and affidavit, permission was granted. The applicant who is a government servant holding valid licence purchased the revolver for Rs. 26250/- on the basis of succession certificate and sale permission. Thereafter Sulkhan Singh moved an application before District Magistrate, Agra stating that the revolver has been released by setting up an impostor. On this application, the F.I.R. was lodged and applicant''s revolver was taken by Investigating Officer. The Investigating Officer after investigation submitted the charge sheet against applicant, the purchaser of the revolver. The F.I.R and the charge sheet have been assailed by the applicant on various grounds. It is alleged that applicant is inspector in the sales department and due to enmity in village he was in need of a revolver. Consequently, he obtained a licence in the year 1988. This was re-validated for purchase revolver up to 8.2.1997(Annexure-14). The applicant could not lay hand on a revolver at a reasonable price in Haryana. So in the last week of July, 1988, he went to Bharatpur along with his relative, contacted Malik Gun House at Bharatpur where one person met and introduced as advocate Rajendra Singh Solanki. The said Advocate told him about the said revolver and on 1.8.1988 applicant went to collectorate Agra and met one person who was introduced by Sri Rajendra Singh Advocate, as Sulkhan Singh and he was shown the sale permission. The deal was finalized then he purchased the revolver. Even after that Sri K.K. Upadhaya. A.D.M. City, Agra wrote a letter to S.D.M. Palwal (Faridabad) for verification of the licence and the said S.D.M. Palwal informed the A.D.M. City, Agra that applicant''s licence is genuine. As per annexures-16-17, after completing the necessary formalities the revolver was released in favour of applicant and obtained the sale consideration.

After this transaction was over, Sulkhan Singh moved an application before A.D.M. City, Agra with all the allegations that he never obtained succession certificate nor permission to sale revolver on which application the F.I.R was lodged against the applicant. The succession certificate was issued by the A.D.M. City, Agra Sri K.K. Upadhaya in favour of Sulkhan Singh after death of his father on the basis of report of Tehsildar, Agra dated 2.4.1985 which is annexure-8 on record. The affidavit filed by Sulkhan Singh was identified by lawyer the copy of which is annexure-6. The release order of the revolver was passed on 8.8.1988 by A.D.M. Sri K.K. Upadhaya which is annexure-10 on record. Thus, the applicant has no role to play in purchase of the said revolver.

Learned A.G.A filed the counter affidavit on the ground that after thorough inquiry the charge sheet was submitted. The real signature of Sulkhan Singh were compared with the disputed signature and were found that they do not tally. According to the counter affidavit, applicant is real culprit who manipulated this to obtain the revolver. The A. D. M. City, Agra and collectorate Agra were completely in dark and they did not know of fictitious Sulkhan Singh. The rejoinder affidavit was also filed by the applicant reiterating the allegations set forth in the affidavit. It was further stated that there is no evidence at all that the applicant has set up impostor Sulkhan Singh and succession certificate was issued by thorough inquiry and the report of the Tahsildar

I have heard Sri Rajul Bhargav, learned Counsel for the applicant, learned A.G.A and perused the affidavit and counter affidavit. The first question arises whether the applicant had in any way manipulated and obtained the succession certificate for permission to sell and then purchased the revolver. If there is no evidence against the applicant he cannot be held reliable in spite of this fact that the succession certificate and permission letter was manipulated. It was for the investigating agency to have investigated the matter in that light. The counter affidavit shows that admitted signatures of Sulkhan Singh were compared with the signature of Sulkhan Singh on the application which did not tally. If it did not tally, whetherjhe investigating agency tried to find out whether it was forged by the applicant or some else. The applicant had categorically stated in his affidavit that he got a licence while he was posted as sales inspector in Faridabad in the year 1988. It could not get any revolver hence time was extended and he ultimately came to one Malik Gun House Arm Shop, where he met Rajendra Singh Solanki. This was a matter of July, 1988. By that time the succession certificate and permission to sale was granted. Moreover a government servant could not dare to invest his money in such transaction which may lend him in jail and also to loose his job. No doubt the charge sheet or criminal proceedings can be quashed u/s 482 Cr.P.C only when there is no evidence. The applicant has filed the statement of Sulkhan Singh and Smt. Gurmej Kaur, u/s 161 Cr.P.C. The statement of both the witnesses do not make out any case against the applicant. The statement of Sulkhan Singh, (annexure-12) and Smt. Gurmej Kaur, mother of Sulkhan Singh only states that they neither obtained any succession certificate nor permission to sale. There is absolutely no evidence to show that applicant Rohtan Singh has manipulated succession certificate or sale letter. If Sulkhan Singh had not obtained it was a duty of the Investigating Officer to have thorough inquired into the matter after recording the statement of A.D.M. City, Agra who granted the succession certificate, Tahsildar, who submitted the report while granting the succession certificate of Sulkhan Singh or some impostor. Sulkhan Singh must have contacted the concerned authority. The police found it easy to implicate the purchaser without any evidence.

Thus, the charge sheet filed is without any evidence and is liable to be quashed. The application under 482 Cr.P.C is hereby allowed. The charge sheet No. 75 dated 18.7.1994 arising out of crime No. 138 of 1993, under Sections 420, 468 and 471 I.P.C (Case No. 126 of 1996) pending in the court of Additional Chief Judicial Magistrate, Agra or any other court at present is hereby quashed. The accused shall not surrender and his bail bond stands discharged.