Ibrahim Sulamanbhai Kadiwala vs State Of Gujarat
2022 Latest Caselaw 7161 Guj

     C/SCA/7575/2016                                        ORDER DATED: 17/08/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 7575 of 2016
                                 With
             R/SPECIAL CIVIL APPLICATION NO. 7597 of 2016
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                       IBRAHIM SULAMANBHAI KADIWALA
                                   Versus
                         STATE OF GUJARAT & 2 other(s)
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Appearance:
MR SANDIP M PATEL(5649) for the Petitioner(s) No. 1
MR HARDIK MEHTA, APP for the Respondent(s) No. 1,2,3
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 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA

                                Date : 17/08/2022

                              COMMON ORAL ORDER

1. At the outset, learned advocate Mr. Sandip M. Patel

appearing for the petitioners has submitted that the

petitioners were denied the renewal of the licence of firearms

in view of the offences registered against them under the provisions of Sections 143, 147, 148, 149, 326, 323, 504,

506(2), 427 of the Indian Penal Code, 1860 and Section 135

of the Gujarat Police Act.

2. Learned advocate Mr. Sandip M. Patel appearing for the

petitioners has submitted that the said F.I.R. No.140 of 2012

culminated into Sessions Case No.51 of 2015 and the

petitioners, who were arraigned as an accused Nos.2 and 8

have been acquitted by the judgment and order dated

30.03.2021 by the learned Trial Court in Sessions Case No.51

C/SCA/7575/2016 ORDER DATED: 17/08/2022

of 2015. Thus, he has submitted that liberty may be reserved

in favour of the petitioners to file a fresh application to the

respondent-authorities and they may decide the application

filed by the petitioners for renewal of the licence and the

respondent-authorities may be directed to decide the same in

light of the acquittal of the petitioners in the criminal

offences.

3. Learned AGP Mr. Hardik Mehta appearing for the

respondent-authorities has submitted that appropriate orders

will be passed by the respondent-authorities as and when

such application is made.

4. This Court has perused the impugned order passed by

the respondents whereby the application of renewal of the

Arms Licence of the petitioners has been rejected in view of

the criminal offences registered against them in FIR No.140

of 2012 and the appeals, filed by the petitioners, were also

rejected.

5. It is not in dispute that the petitioners are acquitted by

the Trial Court vide judgment and order dated 30.03.2021

passed in Sessions Case No.51 of 2015.

C/SCA/7575/2016 ORDER DATED: 17/08/2022

6. Under the circumstances, the impugned orders are

quashed and set aside. The petitioners shall file a fresh

application seeking renewal of the aforesaid licence before the

respondent No.3. As and when such application is filed, the

respondent No.3 shall decide the same in light of the

provisions of Section 17 of the Arms Act, 1959. While

deciding the application of renewal of the arms licence, the

respondent No.3 is directed to keep in mind the acquittal of

the petitioners in the criminal offence. As and when such

application for renewal of licence is filed by the petitioners,

the respondent No.3 shall decide the same within a period of

three months from the date of receipt of such application.

7. With these observations, the petition stands disposed of.

(A. S. SUPEHIA, J) KUMAR ALOK