Neutral Citation No. - 2025:AHC:73871 Court No. - 74 Case :- APPLICATION U/S 482 No. - 1654 of 2025 Applicant :- Sher Bhan Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devendra Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Devendra Kumar Mishra, learned counsel for the applicant and learned AGA for the State without having file. 2. This application under section 482 Cr.P.C. has been preferred to quash the impugned charge-sheet no. 195A/21 dated 07.05.2021 including the entire proceedings of Case No. 4336 of 2021 (State of U.P. vs. Sherman Singh Urf Sheru Singh) arising out of Case Crime No. 351 of 2017, under section 30 of Arms Act, 1959, Police Station-Ghatampur, District-Kanpur Nagar, pending in the Court of Chief Judicial Magistrate, Kanpur Nagar as well as to stay the further proceedings of abovementioned case. 3. It is the case of the applicant that initially an FIR has been instituted at Case Crime No. 351 of 2017, wherein the applicant has been implicated along with main co-accused Sandeep @ Sanni Pandey upon whom the specific allegation has been made that he opened fire through country made pistol whereas the implication of the applicant was on the basis of having license of firearm in shape of double barrel gun. 4. It is submitted by learned counsel for the applicant that during course of trial, main co-accused Sandeep @ Sanni Pandey has been acquitted vide order dated 28.07.2023 but at the same time, the applicant has been implicated in pursuance to same case crime number in shape of supplementary charge sheet, wherein Section 30 of the Arms Act, 1959 has been imposed against the applicant in respect of the same incident wherein Sandeep @ Sanni Pandey has already been acquitted. 5. Learned counsel for the applicant challenged the chargesheet as well as entire proceeding arising out of Case Crime No. 351 of 2017 that once main co-accused has already been acquitted and there was hardly any proof of any material evidence which shows that fire has ever been opened through double barrel licensed firearm pertains to the applicant. The implication of the applicant under Section 30 of the Arms Act is not sustainable in the eye of law and the process for dragging the applicant into unwarranted criminal litigation is also misuse the process of law. 6. Per contra, learned A.G.A. for the State was unable to assist the Court in absence of any brief and file which is a repeated action taken up at the behest of the State which may not be permitted at the cost of justice sort by poor litigant whose interest has been properly taken care by learned counsel for the applicant. 7. Considering the facts and circumstance as mentioned by learned counsel for the applicant and especially once the main co-accused Sandeep @ Sanni Pandey has already been acquitted, there is hardly any occasion arises in favour of the prosecution to proceed in pursuance to same case crime number under Section 30 of the Arms Act against the applicant. 8. In view of the aforementioned facts and circumstances, the proceeding pending before the learned Court of Chief Judicial Magistrate, Kanpur Nagar in shape of Case No. 4336 of 2021 (State of U.P. vs. Sherman Singh Urf Sheru Singh) arising out of Case Crime No. 351 of 2017, under section 30 of Arms Act, 1959, Police Station-Ghatampur, District-Kanpur Nagar are hereby quashed and set aside. 9. The application stands allowed accordingly. Order Date :- 7.5.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad