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Judgment
Prafulla C. Pant, J.—Heard.
By means of this writ petition moved under Article 226 of Constitution of India, the Petitioner has sought quashing of the First Information Report dated 17.05.2011 registered as F.I.R. No. 77 of 2011 (Crime No. 67 of 2011), relating to offence punishable u/s 25 {[1B(h)]} Arms Act, police station Raipur, District Dehradun.
Learned Counsel for the Petitioner submitted that Petitioner is a journalist who was issued three licenses to possess the fire arms between the period of 2002 to 2005. It is further pleaded that after the Petitioner made certain reports against the Government in a media, his licenses were cancelled. It is further submitted that he deposited the arms purchased by him with a dealer at Bulandshahar, and filed the appeal against the order of cancellation of the licenses before the commissioner. It is argued that on behalf of the Petitioner that the Respondents have shown hurry in lodging the impugned First Information Report with ulterior motive against the Petitioner that he had violated the conditions of the license even before the appeal is disposed of. It is further contended that it is abuse of process of law on the part of the Respondents to implicate the Petitioner in the aforesaid criminal case.
Admit the petition.
Learned Counsel for the Respondents prays for and is allowed four weeks time to file the counter affidavit.
Having considered submissions of learned Counsel for the Petitioner, and learned Counsel for the State, and after going through the papers on record, as an interim measure, it is directed that the Petitioner Umesh Kumar Sharma shall not be arrested in connection with aforesaid crime, during investigation, provided he cooperates with the investigating agency. (Stay Application No. 7555 of 2011 stands disposed of).
List after four weeks.