Chhabeel Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 13607 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         BEFORE
                                  HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                   ON THE 14th OF OCTOBER, 2022

                                              WRIT PETITION No. 22575 of 2022

                                   BETWEEN:-
                                   CHHABEEL SINGH S/O SHRI BHIKAM SINGH,
                                   AGED   ABOUT   65   YEARS, OCCUPATION:
                                   FARMER VILLAGE LIKHDI POLICE STATION
                                   CHAURAI DISTRICT CHHINDWARA (M.P.)
                                   (MADHYA PRADESH)

                                                                                             .....PETITIONER
                                   (BY SHRI SAMRESH KATARE- ADVOCATE )

                                   AND
                           1.      THE STATE OF MADHYA PRADESH THROUGH
                                   ITS SECRETARY DEPARTMENT OF HOME
                                   VALLABH BHAWAN BHOPAL (M.P.) (MADHYA
                                   PRADESH)

                           2.      COLLECTOR       /   DISTRICT         MAGISTRATE
                                   C H H I N D WA R A DISTRICT         CHHINDWARA
                                   (MADHYA PRADESH)

                           3.      SUPERINTENDENT OF POLICE CHHINDWARA
                                   DISTRICT CHHINDWARA (MADHYA PRADESH)

                           4.      STATION HOUSE OFFICER P.S. CHAURAI
                                   DISTRICT CHHINDWARA (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                                   (BY SHRI PRAVEEN NAMDEO - GOVERNMENT ADVOCATE)

                                 This petition coming on for admission and interim relief this day, the
                           court passed the following:


                                                                ORDER

By this writ petition, the petitioner has challenged the order of the District

Signature Not Verified Signed by: TRUPTI GUNJAL Signing time: 10/14/2022 6:24:23 PM

Magistrate dated 19.09.2020 (Annexure P-2) 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.

(S. A. DHARMADHIKARI) JUDGE TG /-

Signature Not Verified Signed by: TRUPTI GUNJAL Signing time: 10/14/2022 6:24:23 PM

Signature Not Verified Signed by: TRUPTI GUNJAL Signing time: 10/14/2022 6:24:23 PM