Arjanbhai Mashribhai Bhammar vs State Of Gujarat
2023 Latest Caselaw 34 Guj

     C/SCA/4158/2016                               JUDGMENT DATED: 02/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 4158 of 2016


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE BIREN VAISHNAV

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1     Whether Reporters of Local Papers may be allowed
      to see the judgment ?

2     To be referred to the Reporter or not ?

3     Whether their Lordships wish to see the fair copy
      of the judgment ?

4     Whether this case involves a substantial question
      of law as to the interpretation of the Constitution
      of India or any order made thereunder ?

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                       ARJANBHAI MASHRIBHAI BHAMMAR
                                   Versus
                         STATE OF GUJARAT & 4 other(s)
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Appearance:
A R ROCKEY(7592) for the Petitioner(s) No. 1
MR. HARDEEP L MAHIDA(7112) for the Petitioner(s) No. 1
MR.ROHAN SHAH, AGP for the Respondent(s) No. 1,2,3,4,5
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    CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

                               Date : 02/01/2023

                              ORAL JUDGMENT

1. RULE returnable forthwith. Mr.Rohan Shah

learned AGP waives service of notice of Rule on

behalf of the respondent State.

C/SCA/4158/2016 JUDGMENT DATED: 02/01/2023

2. With the consent of learned advocates for the

respective parties, the petition is taken up for

final hearing.

3. By way of this petition under Article 226 of the

Constitution of India, the challenge is to the

orders passed by the original authority as well as

the Appellate Authority under the Arms Act, by

which, the application for renewal of license of

the petitioner has been rejected.

4. Mr.Rockey learned counsel for the petitioner

would submit that the only ground on which the

application for renewal was rejected by the

District Magistrate, Bhavnagar, was on the

ground of pendency of a criminal case at the

relevant point of time under the various

provisions of the Indian Penal Code including

Section 498 of the Indian Penal Code. That order

C/SCA/4158/2016 JUDGMENT DATED: 02/01/2023

was confirmed by the Appellate Authority. He

produces on record the judgement and order

dated 05.09.2022 passed by the Second

Additional Judicial Magistrate First Class, Talaja,

by which, the petitioner has been acquitted on

the ground of lack of evidence and has been

given benefit of doubt.

5. Essentially therefore in light of the subsequent

development as is evident from the judgement

and order dated 05.09.2022, on an application

being made by the petitioner for a renewal of

license in question, the respondent authorities

are directed to reconsider the same afresh

without being influenced by the pendency of the

criminal case on which the application was so

rejected. The same shall be decided within a

period of two weeks from the date of receipt of

copy of this order. The authority shall reconsider

C/SCA/4158/2016 JUDGMENT DATED: 02/01/2023

the same within six weeks thereafter in light of

the subsequent development and pass an order

in accordance with law.

6. Petition is disposed of in the above terms.

(BIREN VAISHNAV, J) ANKIT SHAH