DEVENDRA KUMAR MISHRA vs THE STATE OF NCT OF DELHI THROUGH SHO, P. S. DOMESTIC AIRPORT

Judgment text excerpt

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 27th February, 2025 + W.P.(CRL) 674/2025 DEVENDRA KUMAR MISHRA .....Petitioner Through: Mr. Vikas Nain, Mr. Rohit Yadav, Ms.Shashi Bala and Ms.Neelam, Advocates Versus THE STATE OF NCT OF DELHI THROUGH SHO, P. S. DOMESTIC AIRPORT .....Respondent Through: Mr. Yasir Rauf Ansari, Additional Public Prosecutor for Respondent- State CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) 1. The present Petition under Article 226 of the Constitution of India and under Section 482 Cr.P.C. has been filed for quashing of FIR No. 19/2022, under Section 25 Arms Act, 1959, Police Station Domestic Airport, New Delhi. 2. It is submitted in the Petition that on 25.05.2022 while the Petitioner was travelling from New Delhi to Mumbai by Flight No. 6E- 6278, during screening of his baggage, 10 live cartridges and 3 empty cartridges, were recovered from his bag. Consequently, the present FIR was registered. 3. It is submitted that the Petitioner had disclosed that these live cartridges belonged to him as he had valid license till 31.12.2016 in the Signature Not Verified 1 Digitally Signed By:VIKAS ARORA Signing Date:28.02.2025 18:24:29 State of UP. The Petitioner was released without arrest. 4. Quashing of the FIR is sought on the ground that the Petitioner is highly educated, responsible and law abiding citizen of the country, working as a Government Servant with Government of Uttar Pradesh having deep roots in the society. The Petitioner has never been involved in any criminal case. There is no mens rea on the part of the Petitioner for committing any offence, as alleged in the FIR. The Petitioner did not commit any offence as mentioned in the FIR. There was no attempt to conceal the cartridges as the bag w