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THE HIGH COURT OF MADHYA PRADESH
WP-4209-2015
Ashok and another Vs. State of MP and another
Gwalior, Dated : 27.02.2021
Shri S.K. Sharma, Counsel for the petitioners.
Shri Deepak Khot, Government Advocate for the
respondents/State.
This petition under Article 226 of the Constitution of India has been filed against the order dated 14.10.2014 passed by the Commissioner, Chambal Division, Morena, by which the appeal filed by the petitioner under Section 18 of the Arms Act against the order dated 19.05.2014 thereby cancelling the arms license of the petitioner has been dismissed.
It is the case of the petitioners that they were holding the license No. MP/Bhind/M/III/9413 and MP/Bhind/III/647/2003. Crime No. 223/2011 was registered against the petitioners for offence under Sections 294, 336, 506-B, 34 of IPC and under Sections 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and, accordingly, the arms license of the petitioners were placed under suspension and a show cause notice dated 09.02.2012 was issued. The petitioners filed their reply and submitted that the High Court by order dated 26.12.2011 passed in M.Cr.C. No. 8004/2011 has granted bail and also prayed for revocation of suspension. However, the reply submitted by the petitioners was not accepted and by the impugned order dated 19.05.2014, District Magistrate, Bhind 2 THE HIGH COURT OF MADHYA PRADESH WP-4209-2015 Ashok and another Vs. State of MP and another cancelled the arms license.
Being aggrieved by the said order passed by the District Magistrate, Bhind, the petitioners preferred an appeal, which was dismissed by the Commissioner, Chambal Division, Morena by order dated 14.10.2014. It appears that during the pendency of the petition, the trial which was pending against the petitioners came to an end and the petitioners were acquitted by judgment dated 17.01.2017 and, accordingly, the writ petition was amended. It is submitted that the arms license of the petitioners were cancelled primarily on the ground that a criminal case has been registered against the petitioners, in which the allegation of use of firearm has been alleged. Once the petitioners have been acquitted in the said criminal case, therefore, ground for cancellation of arms license ceases to exist and, thus, the impugned order dated 14.10.2014 passed by the Commissioner, Chambal Division, Morena in Case No.58/2013-14/Appeal(Arms) and order dated 19.05.2014 passed by the District Magistrate, Bhind in Case No.07/2012 Arms, are liable to be quashed.
Per contra, it is submitted by the counsel for the State that when the impugned orders were passed, criminal trial was pending and there is no infirmity in the orders passed by the authorities below.
Heard the learned counsel for the parties.
One of the grounds for cancellation of arms license of the 3 THE HIGH COURT OF MADHYA PRADESH WP-4209-2015 Ashok and another Vs. State of MP and another petitioner was the registration of an offence, in which it is alleged that the firearm was used. During the pendency of this petition, it is the case of the petitioner that they have been acquitted.
Although the petitioners were acquitted in the year 2017 and the application for amendment was filed in the year 2019, but there is no averment in the amended pleadings that the order of acquittal has not been challenged.
Be that as it may.
As the petitioners are relying upon the circumstance, which has occurred during the pendency of the petition and it was never before the authorities, therefore, this Court is of the considered opinion that the matter can be remanded back to the District Magistrate, Bhind for passing a fresh order after taking into consideration the factum of acquittal of the petitioners in the criminal case subject to the fact as to whether any appeal against their acquittal has been filed or not. While re-considering the matter, the District Magistrate, Bhind shall also consider the effect of registration of FIR against the petitioners.
With the aforesaid observations, the petition is finally disposed of.
(G.S. Ahluwalia) Judge Abhi Digitally signed by ABHISHEK CHATURVEDI Date: 2021.03.02 11:43:32 +05'30'