Paramlal Patel vs The State Of Madhya Pradesh
2022 Latest Caselaw 15093 MP

                                                           1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                          BEFORE
                                            HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                ON THE 17th OF NOVEMBER, 2022

                                             WRIT PETITION No. 20375 of 2021

                                   BETWEEN:-
                                   PARAMLAL PATEL S/O SHRI GORELAL PATEL,
                                   AGED   ABOUT    70   YEARS, OCCUPATION:
                                   FARMER GRAM TALGAON TEHSIL THANA
                                   RAJNAGAR DIST CHHATARPUR (MADHYA
                                   PRADESH)

                                                                                       .....PETITIONER
                                   (BY SHRI ABHISHEK SINGH, ADVOCATE)

                                   AND
                           1.      THE STATE OF MADHYA PRADESH THR
                                   PRINCIPAL SECRETARY HOME DEPT VALLABH
                                   BHAWAN BHOPAL (MADHYA PRADESH)

                           2.      COM M ISSION ER SAGAR    DIVISION SAGAR
                                   DIVISION (MADHYA PRADESH)

                           3.      COLLECTOR   /   DISTRICT  MAGISTRATE
                                   CHHATAR PUR DIST.CHHATARPUR (MADHYA
                                   PRADESH)

                           4.      SUPERINTENDENT OF POLICE CHHATARPUR
                                   DIST.CHHATARPUR (MADHYA PRADESH)

                           5.      TOWN INSPECTOR CHHATARPUR RAJNAGAR
                                   DIST.CHHATARPUR (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                                   (BY SHRI PIYUSH BHATNAGAR, GOVT. ADVOCATE)

                                 This petition coming on for admission and I.R. and I.A No. 9719/2021,
                           an application for final hearing at motion stage and I.A. No. 14333/2022, an
                           application for taking documents on record this day, th e court passed the
                           following:
                                                            ORDER

Signature Not Verified Signed by: VIVEK KUMAR TRIPATHI Signing time: 11/22/2022 1:33:54 PM

Petitioner's case is that the petitioner was given an arms license to hold 12 bore gun in the year 1969. When elections were declared for the Parliament then on 19.03.2014, he had surrendered his arms before the competent authority.

On 17.04.2014, a criminal case was registered against him under the Provisions of Sections 147, 148, 323/149, 329/149 or 327/149, 294, 506B and 188 of IPC. It is submitted that vide judgment dated 30.09.2022 passed by learned VI Additional Sessions Judge, Chhatarpur in Sessions Trial No. 135 of 2015, petitioner has been acquitted as prosecution failed to give any cogent evidence to implicate him.

It is submitted that renewal of license has been denied only on the basis

of pendency of the aforesaid criminal case. He had filed an appeal. That too came to be rejected. It is submitted that since Additional Sessions Judge, Chhatarpur has acquitted the petitioner along with other co-accused persons, The authorities Collector-cum-District Magistrate, Chhatarpur be directed to consider renewal of license of the petitioner in terms of the order of acquittal passed by the learned VI Additional Sessions Judge, Chhatarpur.

This innocuous prayer is not opposed by Shri Piyush Bhatnagar. Accordingly, after quashing the impugned orders (Annexures-P/5 and P/6), the matter is remitted to the Collector and District Magistrate, Chhatarpur to afford an opportunity of hearing to the petitioner and decide his case for renewal of arms license which he was admittedly holding since 1969 taking into consideration judgment of acquittal passed by the Competent Court.

The petitioner is directed to approach the concerned District Magistrate along with a certified copy of this order within 15 days from today and thereafter District Magistrate shall bestow his consideration and pass an order

Signature Not Verified on merit within further period of 60 days. Signed by: VIVEK KUMAR TRIPATHI Signing time: 11/22/2022 1:33:54 PM

The petition is accordingly disposed of in above terms.

(VIVEK AGARWAL) JUDGE vivek

Signature Not Verified Signed by: VIVEK KUMAR TRIPATHI Signing time: 11/22/2022 1:33:54 PM