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Supreme Court of India 2017-07-10 allowed

Harpreet Singh vs State of Himachal Pradesh

Bench: 2 — Ashok Bhushan

In Brief

The appellant was prosecuted under the Arms Act 1959 for possessing a firearm after his licence expired on 23 September 2010. The High Court rejected his plea to quash the FIR, but the Supreme Court allowed his appeal. Although the Court acknowledged that possession without a valid licence is an independent offence not automatically cured by subsequent licence renewal, it held that prosecuting the appellant constituted undue harassment. The licence was later renewed despite opposition from interested parties, and the appellant was acquitted of related criminal trespass charges. The Court set aside the prosecution, finding abuse of process motivated by a collateral property dispute.

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Criminal Law Firearms & Arms Procedural Law Abuse of Process Licensing Criminal Trespass

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