Ashok vs The State Of Madhya Pradesh Thr
2021 Latest Caselaw 323 MP

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         THE HIGH COURT OF MADHYA PRADESH
                        WP-4209-2015
         Ashok and another Vs. State of MP and another

Gwalior, Dated : 27.02.2021

      Shri S.K. Sharma, Counsel for the petitioners.

      Shri   Deepak     Khot,   Government      Advocate     for   the

respondents/State.

This petition under Article 226 of the Constitution of India has

been filed against the order dated 14.10.2014 passed by the

Commissioner, Chambal Division, Morena, by which the appeal filed

by the petitioner under Section 18 of the Arms Act against the order

dated 19.05.2014 thereby cancelling the arms license of the petitioner

has been dismissed.

It is the case of the petitioners that they were holding the

license No. MP/Bhind/M/III/9413 and MP/Bhind/III/647/2003. Crime

No. 223/2011 was registered against the petitioners for offence under

Sections 294, 336, 506-B, 34 of IPC and under Sections 3(1)(x) of the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act

and, accordingly, the arms license of the petitioners were placed

under suspension and a show cause notice dated 09.02.2012 was

issued. The petitioners filed their reply and submitted that the High

Court by order dated 26.12.2011 passed in M.Cr.C. No. 8004/2011

has granted bail and also prayed for revocation of suspension.

However, the reply submitted by the petitioners was not accepted and

by the impugned order dated 19.05.2014, District Magistrate, Bhind

THE HIGH COURT OF MADHYA PRADESH WP-4209-2015 Ashok and another Vs. State of MP and another

cancelled the arms license.

Being aggrieved by the said order passed by the District

Magistrate, Bhind, the petitioners preferred an appeal, which was

dismissed by the Commissioner, Chambal Division, Morena by order

dated 14.10.2014. It appears that during the pendency of the petition,

the trial which was pending against the petitioners came to an end and

the petitioners were acquitted by judgment dated 17.01.2017 and,

accordingly, the writ petition was amended. It is submitted that the

arms license of the petitioners were cancelled primarily on the ground

that a criminal case has been registered against the petitioners, in

which the allegation of use of firearm has been alleged. Once the

petitioners have been acquitted in the said criminal case, therefore,

ground for cancellation of arms license ceases to exist and, thus, the

impugned order dated 14.10.2014 passed by the Commissioner,

Chambal Division, Morena in Case No.58/2013-14/Appeal(Arms)

and order dated 19.05.2014 passed by the District Magistrate, Bhind

in Case No.07/2012 Arms, are liable to be quashed.

Per contra, it is submitted by the counsel for the State that

when the impugned orders were passed, criminal trial was pending

and there is no infirmity in the orders passed by the authorities below.

Heard the learned counsel for the parties.

One of the grounds for cancellation of arms license of the

THE HIGH COURT OF MADHYA PRADESH WP-4209-2015 Ashok and another Vs. State of MP and another

petitioner was the registration of an offence, in which it is alleged that

the firearm was used. During the pendency of this petition, it is the

case of the petitioner that they have been acquitted.

Although the petitioners were acquitted in the year 2017 and

the application for amendment was filed in the year 2019, but there is

no averment in the amended pleadings that the order of acquittal has

not been challenged.

Be that as it may.

As the petitioners are relying upon the circumstance, which has

occurred during the pendency of the petition and it was never before

the authorities, therefore, this Court is of the considered opinion that

the matter can be remanded back to the District Magistrate, Bhind for

passing a fresh order after taking into consideration the factum of

acquittal of the petitioners in the criminal case subject to the fact as to

whether any appeal against their acquittal has been filed or not. While

re-considering the matter, the District Magistrate, Bhind shall also

consider the effect of registration of FIR against the petitioners.

With the aforesaid observations, the petition is finally disposed

of.

(G.S. Ahluwalia) Judge

Abhi Digitally signed by ABHISHEK CHATURVEDI Date: 2021.03.02 11:43:32 +05'30'