K.N.Sinha, J. - (1.) By means of present application under Section 482 Cr.P.C, the applicant has prayed for quashing of charge sheet No. 75 dated 18.7.1994 arising out of Crime No. 138 of 1993, under Sections 420, 468 and 471 I.P.C (Case No. 126 of 1996), pending in the court of Addl. Chief Judicial Magistrate, Agra as against the applicant.
(2.) The brief facts, as set forth in the F.I.R. are that the applicant purchased revolver from one Sulkhan Singh. The revolver belonged to father of Sulkhan Singh, who died, The said Sulkhan Singh obtained succession certificate from the court of Sri K.K. Upadhaya, A.D.M. City. Agra. Thereafter it is alleged that said Sulkhan Singh sought permission by the A.D.M. City to sell the revolver and on the basis of succession certificate and affidavit, permission was granted. The applicant who is a government servant holding valid licence purchased the revolver for Rs. 26250/- on the basis of succession certificate and sale permission. Thereafter Sulkhan Singh moved an application before District Magistrate, Agra stating that the revolver has been released by setting up an impostor. On this application, the F.I.R. was lodged and applicant's revolver was taken by Investigating Officer. The Investigating Officer after investigation submitted the charge sheet against applicant, the purchaser of the revolver. The F.I.R and the charge sheet have been assailed by the applicant on various grounds. It is alleged that applicant is inspector in the sales department and due to enmity in village he was in need of a revolver. Consequently, he obtained a licence in the year 1988. This was re-validated for purchase revolver up to 8.2.1997(Annexure-14). The applicant could not lay hand on a revolver at a reasonable price in Haryana. So in the last week of July, 1988, he went to Bharatpur along with his relative, contacted Malik Gun House at Bharatpur where one person met and introduced as advocate Rajendra Singh Solanki. The said Advocate told him about the said revolver and on 1.8.1988 applicant went to collectorate Agra and met one person who was introduced by Sri Rajendra Singh Advocate, as Sulkhan Singh and he was shown the sale permission. The deal was finalized then he purchased the revolver. Even after that Sri K.K. Upadhaya. A.D.M. City, Agra wrote a letter to S.D.M. Palwal (Faridabad) for verification of the licence and the said S.D.M. Palwal informed the A.D.M. City, Agra that applicant's licence is genuine. As per annexures-16-17, after completing the necessary formalities the revolver was released in favour of applicant and obtained the sale consideration.
(3.) After this transaction was over, Sulkhan Singh moved an application before A.D.M. City, Agra with all the allegations that he never obtained succession certificate nor permission to sale revolver on which application the F.I.R was lodged against the applicant. The succession certificate was issued by the A.D.M. City, Agra Sri K.K. Upadhaya in favour of Sulkhan Singh after death of his father on the basis of report of Tehsildar, Agra dated 2.4.1985 which is annexure-8 on record. The affidavit filed by Sulkhan Singh was identified by lawyer the copy of which is annexure-6. The release order of the revolver was passed on 8.8.1988 by A.D.M. Sri K.K. Upadhaya which is annexure-10 on record. Thus, the applicant has no role to play in purchase of the said revolver.;