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2010 Supreme(All) 3296

DHARAM VEER
Parvinder – Appellant
Versus
State of Uttarakhand & Anr. – Respondent


Dharam Veer, J.:-

Since both these petitions arise out of the same recovery memo and involve common facts and evidence and, hence they are being decided by this common order.

2. Heard Mr. Sachin Panwar, Advo­cate for the petitioners and Mr. Nandan Arya, AGA for the State. None appeared for the respondent no. 2 despite being served.

3. By means of these petitions, moved under Section 482 of Code of Criminal Procedure, 1973 (for short, CrPC), the petitioners have irayed for quashing the chargesheets dated 14.2.2010 filed in case crime no. 216/09 and 217/09 respectively under Section 25 of the Arms Act as well as the cognizance order dated 15.5.2010 passed by the Ju­dicial Magistrate, Laksar, District Haridwar in Criminal Case No. 280/2010'and 279/2010.

4. Facts, in brief, are that an FIR was lodged by respondent no. 2 against the pe­titioners alleging that on 13.8.2009, the police party was on patrolling duty. At about 12.45 pm, when the police party reached at the gate of Birla Tyre Factory, Laksar they saw that some persons were quarelling and seeing the police party, they fled from the spot. Sher Singh and Anil who were present on the spot told the po­lice about the damaged Maruti Zen










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