The Delhi High Court has set aside an FIR registered against a government school teacher in New Delhi for carrying a live cartridge to the airport while asking him to take extra classes for weak students in his school for a month.
Justice Jasmeet Singh asked the Directorate of Education to identify the weak students in primary classes in the neighbourhood and also requested the school principal concerned to provide a room for the extra classes which would be held for two hours on each working day.
“FIR registered at police station IGI airport under section 25 of Arms Act 1959 is hereby quashed, subject to the petitioner taking extra classes of two hours each working day, for weak students in the school premises which he currently teaches in, for a period of one month,” ordered the court in its recent order.
“A copy of this order be sent to the Directorate of Education to ensure that weak students in primary classes are identified in the neighbourhood. The principal of the school is also requested to ensure that a classroom is available for doing the needful while following all COVID protocols and norms. The IO and the Principal of the school shall verify the said factum and ensure that the above said classes take place,” the court said.
Seeking quashing of the FIR, the petitioner submitted that the cartridge recovered from him at the airport was found by him on a road when he was studying in a school at Chamoli, Uttarakhand in the year 2008-2009 and has been with him since then and he inadvertently carried it to the airport.
The court said that the present case was a “fit case for quashing of FIR” as “it is due to a mere oversight that the live ammunition remained in his bag and he was not carrying the same intentionally.” The court however added that useful police time was consumed and misdirected and therefore the petitioner must do some social good for society.
“Since the police machinery has been put in motion on account of the acts of commission & omission and could have been saved had the petitioner been more careful and vigilant. Useful time of police has now been consumed, which could have been better utilized for important matters, but has been misdirected towards these petty matters, therefore, the petitioner must do some social good for the society,” the court said.
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