In a significant ruling, the Punjab and Haryana High Court has quashed an FIR registered under the Arms Act against Haryana-based political figure Bajrang Dass and his son. The Court found that the case, triggered by social media photographs, failed to establish any offence under law.
Background of the Case
The matter arose from FIR No.126 dated April 20, 2019, registered at Sector-5 Police Station, Panchkula. The FIR alleged offences under Sections 25 and 29 of the Arms Act after a man named Vikas posted photographs on Facebook posing with various weapons.
According to the prosecution, Vikas, who worked as a driver for Bajrang Dass, clicked photos with licensed revolvers allegedly belonging to the petitioners and uploaded them online. The police initiated action not only against Vikas but also against the weapon owners.
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The petitioners approached the High Court under Section 482 Cr.P.C., seeking quashing of the FIR, arguing that the case was baseless and motivated by political rivalry.
Justice Surya Partap Singh closely examined whether the essential ingredients of offences under the Arms Act were made out.
On Section 25 of the Arms Act, the Court noted that there was no allegation that the petitioners possessed or carried firearms illegally. Instead, it was undisputed that they were licensed holders.
“The entire prosecution case does not show that the petitioners were in possession of any firearm in violation of law,” the Court observed.
Regarding Section 29, which deals with handing over weapons to unauthorized persons, the Court found no evidence of actual “delivery” of arms. The photographs, as per the prosecution’s own case, were taken when the weapons were lying in the house.
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“The question of delivery of weapon… does not arise at all,” the bench remarked.
The Court also pointed out inconsistencies in the investigation. While multiple weapons appeared in the photographs, action was taken only against the petitioners and not against other identified weapon owners.
A key factor in the decision was the absence of mens rea the intention to commit an offence.
“There is neither any allegation nor any material to show that the weapons were handed over with an intention to commit an illegal act,” the Court noted.
The bench emphasized that mere presence of weapons in photographs, without proof of unlawful use or transfer, cannot attract criminal liability under the Arms Act.
The Court relied on principles laid down in landmark judgments such as State of Haryana vs Bhajan Lal and State of Telangana vs Habib Abdullah Jeelani.
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It reiterated that FIRs can be quashed where allegations do not disclose any offence or appear inherently improbable.
After evaluating the material on record, the High Court concluded that the allegations did not meet the legal threshold required under the Arms Act.
“The FIR against the petitioners is nothing but an abuse of process of law and deserves to be quashed,” the Court held.
The petition was allowed, and FIR No.126 dated April 20, 2019, was quashed insofar as it related to Bajrang Dass and his co-petitioner.
Case Details
Case Title: Bajrang Dass & Anr. vs State of Haryana & Anr.
Case Number: CRM-M-30985-2021
Judge: Justice Surya Partap Singh
Decision Date: March 6, 2026
