ASHOK BHUSHAN, J. - (1.) Leave granted.
(2.) This appeal has been filed, challenging the judgment dated 11.1.2017 passed by the High Court of Himachal Pradesh by which the application filed by the appellant under Section 482 Cr. P. C. praying for quashing the FIR No. 47 of 2011 dated 29.04.2011 under Section 25/30 of the Arms Act has been rejected.
(3.) Brief facts of the case necessary for deciding this appeal are : The appellant accused is resident of Panchkula, State of Haryana. The appellant alongwith his brother Gurpreet Singh owns a three storey house, namely, Dimple Cottage at Shimla in the State of Himachal Pradesh. The appellant had initially given a Power of Attorney to his brother Gurpreet Singh to look after his house property at Shimla which Power of Attorney was cancelled by appellant on 03.06.2010. The dispute arose between appellant and his brother in respect of the house property with regard to which brother of appellant has also filed a civil suit. The appellant visited his house property on 21.4.2011. A First Information Report was lodged by Gurinder Singh under Section 448 read with Section 34 IPC being FIR No. 41 of 2011 dated 22.4.2011 against the appellant and his wife alleging house trespass. Gurinder Singh claimed himself to be tenant on the basis of a lease dated 21.05.2010. Another incident took place on 24.04.2011 wherein certain altercations took place between wife of appellant and Harpreet Singh, Gurinder Singh and one Kavita Chaudhary. The Police Inspector visited the house, Dimple Cottage on receiving the information that certain altercation was taking place between the parties. The appellant was carrying a gun which was taken into possession by the Police Inspector on 24.04.2011 whose licence was not renewed after 23.09.2010. A First Information Report dated 29.04.2011 being FIR No. 47 of 2011 was registered against the accused under Section 25/30 of the Arms Act 1954. ;