Abhishek Jagdish Ghuge vs District Magistrate, Washim And 3 ...
2022 Latest Caselaw 483 Bom

Citation : 2022 Latest Caselaw 483 Bom
Judgement Date : 13 January, 2022

Bombay High Court

Abhishek Jagdish Ghuge vs District Magistrate, Washim And 3 ... on 13 January, 2022

Bench: Avinash G. Gharote

                                                                                                                                                    26wp345.21.odt
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                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     NAGPUR BENCH AT NAGPUR

                    CRIMINAL WRIT PETITION NO. 345/2021
        Abhishek Jagdish Ghuge ...Versus...District Magistrate, Wshim and ors
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Office Notes, Office Memoranda of Coram,                                                                             Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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                                            Mr. V.R.Deshpande, Advocate for petitioner.
                                            Ms. Shamsi Haider, APP for Respondent/State


                                                                         CORAM : AVINASH G. GHAROTE, J.

DATE : 13/01/2022

Heard Mr. Deshpande, learned counsel for the petitioner.

[

The petition challenges the order dated 31.03.2021, whereby the arms license issued to the petitioner has been cancelled. The grounds for cancellation is the pendency of two proceedings, (i) crime No. 47/2019 under Sections 498-A, 306 and 34 of the IPC and (ii) Crime No. 53/19 under Sections 376 and 506 of the IPC.

Mr. Deshpande, learned counsel for the petitioner points out that Crime No. 47/19 has been quashed by this Court in Criminal Application (APL) No. 846/2919 and connected matters, by the judgment dated 13.12.2021. In so far as Crime No. 53/2019 is concerned, he submits that a "B" summery was submitted by the police authority to the learned C.J.M, who has issued a "C" summary therein by his order dated 2.8.2021.

26wp345.21.odt

These facts are not controverted by the learned APP, considering which it is apparent that the very basis for cancellation of the arms license as indicated from the impugned order does not survive, in view of which the same is hereby quashed and set aside. The petition is allowed in above terms. No costs.

JUDGE rvjalit

Digitally sign byRAJESH VASANTRAO JALIT Location:

Signing Date:14.01.2022 11:07