Court Rules FIR as Politically Motivated, Lacking Essential Ingredients for Prosecution
In a significant ruling, the Punjab and Haryana High Court has quashed an FIR filed against Bajrang Dass, a prominent political figure and ex-Chairman of Vaypar Mandal Haryana, and his son Akhil Garg. The FIR, registered under Sections 25(1-B)(a) and 29-B of the Arms Act, 1959, was deemed an abuse of the legal process by the court, citing a lack of essential ingredients for the alleged offences and political motivations behind its filing.
The judgment, delivered by Justice Surya Partap Singh, highlighted that the petitioners were legitimate license-holders of the weapons involved, and there was no evidence of unauthorized possession or delivery of weapons. The court emphasized the absence of mens rea, a critical component required to establish criminal intent under the Arms Act.
The case stemmed from photographs posted on social media by Vikas, a driver for Bajrang Dass, which depicted him with various weapons. An investigation followed, leading to the FIR against Dass and Garg. However, the court noted that no complaints were made regarding the misuse of arms or any threats posed by the photographs.
The court further observed that the timing of the FIR, filed months before general elections, supported the petitioners' claim of political vendetta. The ruling referenced principles from the landmark case of State of Haryana v. Bhajan Lal, underscoring the need to prevent legal processes from being used for political purposes.
Bottom Line:
Quashing of FIR under Sections 25(1-B)(a) and 29-B of Arms Act, 1959 on grounds of lack of essential ingredients of offence and political vendetta.
Statutory provision(s): Arms Act, 1959 Sections 25(1-B)(a), 29-B, Criminal Procedure Code, 1973 Section 482
Bajrang Dass v. State Of Haryana, (Punjab And Haryana) : Law Finder Doc id # 2863967
