Neutral Citation No. - 2025:AHC:84811 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 18006 of 2025 Applicant :- Ashok Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikash Chandra Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Vikash Chandra Tiwari, learned counsel for applicant and learned AGA. 2. The present application has been filed by applicant praying for quashing of chargesheet dated 14.02.2023 along with cognizance order dated 11.04.2023 as well as entire proceedings of Case No.24893 of 2023 (State Vs Monu and others), arising out of Case Crime No.38 of 2022, under Section 504, 336 IPC and Section 30 of Arms Act, P.S. Web City, District Ghaziabad, pending in the court of learned Additional Civil Judge (J.D.), Court No.4, Ghaziabad. 3. Brief facts of the present case are that opposite party no.2/informant lodged FIR bearing Case Crime No.38 of 2022, under Section 504, 307 IPC against applicant and three other co- accused alleging that when the applicant along with other co- accused installing electric poles in the field pertains to relative of first informant, they were asked by first informant to dig out the poles by JCB then accused persons by abusing them opened fire from their pistols upon the informant's side, a video of the alleged incident has also been said to be made by the informant's side. After lodging the FIR, the concerned Investigating Officer started inquiry in shape of recording statement under Section 161 Cr.P.C of the informant and collected evidences which culminated into submission of chargesheet on dated 14.02.2023 against applicant under Section 336, 504 IPC along with Section 30 of Arms Act and only under Section 504 IPC against other co-accused whereupon learned court concerned took cognizance of offence on dated 11.04.2023 which impugned the present petition. 4. One fact has also been brought to notice of this Court that in pursuance of Case Crime No.38 of 2022, a case bearing Case No.265 of 2023 (State Vs. Ashok Kumar), under Section 17(3) of Arms Act was also registered before the concerned court for seeking cancellation of firearm license of applicant. The said case was decided by Addl. District Magistrate (Administration) vide order dated 05.12.2023 determining that in pursuance of detailed inquiry conducted, there was no misuse of firearm by applicant and released the firearm in favour of applicant. 5. While challenging the entire proceedings of the present case, learned counsel for applicant submitted that after lodging the FIR registered as Case Crime No.38 of 2022, under Section 504, 307 IPC, during investigation, the concerned Investigating Officer found that no firearm was used by applicant in the alleged incident, therefore, he submitted chargesheet only under Section 336, 504 IPC and Section 30 of Arms Act against applicant and other co-accused were chargesheeted only under Section 504 IPC. Learned counsel for applicant further submitted that once it has already been determined by Addl. District Magistrate (Administration) vide order dated 05.12.2023 on the basis of inquiry conducted that there was no use of firearm in the alleged incident then in which circumstance, Section 30 of Arms Act has been imposed and also on the said ground, firearm has already been released in favour of applicant. Learned counsel for applicant further submitted that if no offence under Section 307 IPC is made out against applicant then in that case, he should be tried only for the offence under Section 504 IPC along with other co-accused since they have been chargesheeted only under Section 504 IPC whereupon learned court concerned has taken cognizance. 6. Per contra, learned AGA vehemently opposed the prayer sought through the instant petition and submitted that implication of the applicant through chargesheet, is strictly based upon the detailed investigation conducted by the concerned Investigating Officer and the arguments raised by learned counsel for applicant, are subject matter of trial. 7. After having the rival contentions raised by learned counsel for parties, it is crystal clear that Case No.265 of 2023 (State Vs. Ashok Kumar), under Section 17(3) of Arms Act has already been adjudicated by Addl. District Magistrate (Administration) vide order dated 05.12.2023 on the basis of investigation conducted by the concerned Investigating Officer and no specific case has been submitted in respect of attraction of Section 30 of Arms Act as well as 336 IPC against applicant and moreso other co-accused in the present case have already been summoned in respect of Section 504 IPC only and as such, learned trial court concerned is hereby directed to proceed with trial in pursuance of Section 504 IPC only against applicant herein also. 8. Accordingly, the instant application is allowed in part. Order Date :- 20.5.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad