Supreme Court Strikes Down Blanket Arrest Protection and Mechanical Investigation Deadlines in Arms Licence Forgery Case
Background and Context
The Supreme Court of India recently adjudicated a significant matter arising from the State of Uttar Pradesh's challenge to orders passed by the High Court of Judicature at Allahabad. The High Court had disposed of writ petitions filed by three accused persons connected with Case Crime No. 33 of 2025, registered at Police Station Nai Ki Mandi, District Agra, under Sections 420, 467, 468, 471 of the Indian Penal Code, 1860 and Sections 3/25/30 of the Arms Act 1959. While the High Court declined to quash the FIR, it simultaneously directed the investigating officer to complete the investigation within 90 days and restrained the arrest of the accused until the concerned court took cognizance of the matter.
The Supreme Court, in State of U.P. & Anr. Vs Mohd Arshad Khan & Anr., allowed the State's appeals, setting aside both the investigation timeline and the protection from arrest, while permitting existing interim protection to continue for a period of two weeks.
Facts of the Case
Origin of the Investigation
The matter originated from an anonymous petition that triggered an inquiry by the Senior Superintendent of Police, STF Headquarters, Lucknow. The inquiry culminated in a statutory complaint dated 31st July 2024, alleging that certain individuals had procured arms licences by submitting forged documents and false affidavits. Following documentary scrutiny, statements of complainants and accused persons, and examination of licence files, the STF submitted a report dated 31st January 2025 recommending registration of a criminal case. The FIR was accordingly registered on 24th May 2025.
Allegations Against the Three Accused-Respondents
Muhammad Zaid Khan: Investigation revealed that arms licence number 1227/03 had been obtained using forged documents and a false affidavit. His date of birth was recorded in the licence records as 25th November 1975, whereas documentary evidence established his actual date of birth as 25th November 1972.
Mohd. Arshad Khan: He was found to have procured five arms licences bearing numbers 6365, 6491, 6415, 6316 and 6248 — all Tajganj — by using a forged PAN card, Aadhaar card and driving licence. His date of birth was shown as 15th January 1985 in these documents, whereas official records reflected his year of birth as 1988. Prior to the issuance of the licences in 2006, his date of birth in the records was 15th January 1988. The alleged alteration was made to project a lower age, purportedly to present himself as a skilled marksman, obtain undue benefits, and enable import of arms and ammunition from abroad on the basis of multiple licences. Despite repeated notices, he did not furnish purchase invoices, import documents or passport details.
Sanjay @ Sanjay Kapoor: Serving as Arms Clerk in the office of the Additional District Magistrate, Agra at the relevant time, and having since retired under the Voluntary Retirement Scheme, he was prima facie found to have been involved in acts of forgery, concealment of material facts, and submission of false affidavits in connection with the processing and issuance of arms licences.
The Impugned High Court Orders
The High Court disposed of the writ petitions by orders dated 4th July 2025, 16th June 2025 and 4th July 2025 respectively. All three orders were identically worded and relied upon a single precedent — Shobhit Nehra v. State of U.P., Criminal Misc. Writ Petition No. 7463 of 2024 — to justify:
- Declining to quash the FIR;
- Directing the investigating officer to complete the investigation within 90 days; and
- Restraining arrest of the accused until the concerned court took cognizance.
One of the impugned orders read as follows: