Vishnu @ Pappu S/O Dhanraj Advani vs State Of Mah. Thr. Pso Ps Kuhi ...
2021 Latest Caselaw 3979 Bom

                                                                     909.cri.wp.207.2021..odt
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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH : NAGPUR

                      CRIMINAL WRIT PETITION NO. 207/2021

          Vishnu @ Pappu s/o Dhanraj Advani,
          Aged 57 years, Occ.:- Business,
          R/o. Badkas Square, Nagoba Lane No.1,
          Mahal, Nagpur.                                     ..... PETITIONER


                                    // VERSUS //


 (1) State of Maharashtra through
     Police Station Officer, Police Station Kuhi,
     District - Nagpur.

 (2) The Police Station Officer,
     Police Station Kotwali, Nagpur.

 (3) The Deputy Commissioner of Police,
     (Headquarter), Nagpur.

 (4) The Commissioner of Police,
     Nagpur City, Nagpur.                                       .... RESPONDENTS


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          Shri R. M. Daga, Advocate for petitioner
          Ms H. N. Jaipurkar, for the respondents.
 ---------------------------------------------------------------------------------------



                               CORAM :            SUNIL B. SHUKRE AND
                                                  AVINASH G. GHAROTE, JJ.

DATED : 03/03/2021

ORAL JUDGMENT : (PER:- SUNIL B. SHUKRE, J.)

1] Heard Shri Daga, learned counsel for the petitioner and also

909.cri.wp.207.2021..odt

learned APP who appears by waiving notice.

2] Rule. Rule made returnable forthwith.

3] Heard finally by consent of the learned counsel appearing

for the parties.

4] We find that there are two applications dated 2 nd September

2020 and 23rd September 2020 made for renewal of the licence for

revolver and which are still pending. We are of the view that these

applications, irrespective of the fact that the order for cancellation of the

licence has been passed on 25.03.2019 by the Deputy Commissioner of

Police (Headquarter), Nagpur ought to have been decided by the

authority having the power in the matter. But, they have not been so far

decided.

5] We direct the authority having the power to grant renewal

and also power of recall the order of cancellation of the licence

regarding possession of revolver, to decide the applications in

accordance with law, within a period of four weeks from the date of the

order. The issue shall be decided by it on taking into consideration all

relevant facts and circumstances of the case.

6] The petition is thus disposed of in the above terms, keeping

all questions open. Rule accordingly.

909.cri.wp.207.2021..odt

7] Steno copy of the order be furnished to learned APP and she

is requested to send a copy of the order to the Commissioner of Police,

Nagpur for due compliance.

(AVINASH G. GHAROTE, J) (SUNIL B. SHUKRE J.)

Sarkate.