Gambhir Singh Choudhary vs The State Of Madhya Pradesh
2021 Latest Caselaw 4150 MP

                                   1                              WP-14105-2021
        The High Court Of Madhya Pradesh
                   WP-14105-2021

(GAMBHIR SINGH CHOUDHARY Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Jabalpur, Dated : 10-08-2021 Heard through Video Conferencing.

Shri Samresh Katare, learned counsel for the petitioner. Shri Pradeep Singh, learned Government Advocate for the State. Heard on the question of admission and interim relief. By this writ petition, the petitioner has challenged the order of the

District Magistrate dated 19.09.2020 whereby exercising the powers under Section 17 of the Arms Act, the District Magistrate has suspended the petitioner's arms licence.

Undisputedly, against the impugned order the petitioner has a remedy of filing appeal under Section 18 of the Arms Act. This Court does not find any force in the submission of learned counsel for the petitioner that F.I.R. which is the basis for passing the order of suspension involves the allegation of causing injury to Tehsildar, therefore appeal will not be decided impartially. There is no reason to presume that such fact will deter the Appellate

Authority in deciding the appeal impartially.

Learned counsel for the petitioner has also submitted that the petitioner wants to rely upon the Division Bench judgment of this Court in the case of Virendra Singh vs. State of M.P. & others reported in 2012(4) MPLJ

144. The petitioner will be at liberty to enclose all the relevant material alongwith the appeal on which he wants to rely upon.

Since an efficacious remedy of appeal is available, therefore no case is made out to entertain this petition directly, which is accordingly dismissed. However, with liberty to the petitioner to avail the remedy of appeal. If such an appeal is filed by the petitioner within a period of ten days from today, the same will be considered and decided by the Appellate Authority in accordance with law as expeditiously as possible preferably within a period of two months from the date of filing of the appeal.

                                     2                WP-14105-2021
                                        (PRAKASH SHRIVASTAVA)
                                                JUDGE
mohsin

Digitally signed by MOHAMMED
MOHSIN QURESHI
Date: 2021.08.11 12:24:31 +05'30'