The court emphasized the importance of holding a valid license for the possession and wielding of firearms under the Arms Act.

Sureshwar Thakur, J.

Through the instant petition, the petitioner seeks quashing of FIR bearing No. 47/2011 of 29.4.2011 borne on Annexure P-1 lodged with Police Station East, Shimla also he seeks quashing of the apposite sanction granted for his prosecution by the competent sanctioning authority, sanction whereof stands embodied in Annexure P-9, besides he seeks quashing of consequential proceedings pending before the learned Judicial Magistrate Ist Class Court, No.1, Shimla.

2. The genesis of the prosecution case rests upon FIR No. 47/2011 borne on Annexure P-1 wherein unfoldments occur qua the Inspector concerned, on receiving information qua eruption of a dispute amongst Gurpraveen Kaur, Gurpreet Singh, Gurinder Singh, Kavita Chaudhary, Virender Kumar and Shiv Kumar, his proceeding to the relevant site of its eruption, on arrival whereat he noticed qua hot altercations standing exchanged between the aforesaid. The Inspector concerned interceded for pacifying the warring groups, yet the petitioner wielding a rifle in his hands arrived at the relevant site, whereupon others persons present thereat, stood constrained to beseech the Inspector concerned, to notice the factum of the petitioner wielding a weapon, with user whereof there emanating an imminent harm to their lives whereupon the Inspector concerned snatched the rifle from the hands of the petitioner, in sequel whereof he discovered qua in its magazine, its holding five live cartridges. The Inspector concerned took the rifle along with the live cartridges borne in its magazine in his possession, for its safe keeping in the Police Station concerned. Since the petitioner did not at the relevant time hold a valid license qua the rifle, evidently its license expiring on 23.9.2010, in sequel whereto he did not from the licensing authority concerned obtain its renewal there from, thereupon the petitioner stood booked for committing offences constituted under Sections 25/30-54-1959 of the Arms Act.

3. On conclusion of investigations into the offences allegedly committed by the petitioner, the Superintendent of Police, Shimla made a communication to the District Magistrate, Shimla for the latter according sanction for prosecuting the accused qua the offences embodied in the FIR. The competent sanctioning authority, on applying its mind to the relevant material placed before it, it proceeded to under Annexure P-8 accord the statutory sanction under Section 39 of the Act, for prosecuting the accused. In aftermath, the Investigating Officer concerned under Annexure P-6 submitted a report under Section 173 of the Code of Criminal Procedure before the Magistrate concerned in consequence whereof, the apposite proceedings for holding the petitioner to trial for his committing offences Punishable under Section 25/30-54-1959 stood initiated thereat against him wherefrom the petitioner stands aggrieved, thereupon he stands constrained to institute the instant petition before this Court.

4. This Court had under its orders rendered on 4.11.2016 requisitioned the apposite records qua renewal of license qua the apposite rifle from the relevant licensing authority. The official concerned deputed by the licensing authority concerned to produce here before the records vis-à-vis renewal of the license qua the rifle aforesaid wielded at the relevant site of occurrence by the petitioner, appeared before this Court on 16.12.2016 whereupon he placed here before the apposite original record also placed on record an attested copy qua the orders pronounced by the licensing authority concerned whereupon it renewed the license qua the apposite rifle. A perusal of an attested copy whereof underscores the factum of the licensing authority concerned on 26.3.2014 accepting the prayer made in the apposite application qua renewal of arms license qua rifle aforesaid besides it also condoned the occurrence of a delay of 3 years 10 months since its expiry upto its renewal. On anvil of the licensing author