Smt.Sumila Devi Trivedi vs Principal Secretary The State Of ...
2023 Latest Caselaw 12679 MP

                                                            1
                          IN      THE     HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                               ON THE 7 th OF AUGUST, 2023
                                             WRIT PETITION No. 3955 of 2009

                         BETWEEN:-
                         SMT.SUMILA DEVI TRIVEDI W/O SHRI AWADHESH
                         PRASAD TRIVEDI, AGED ABOUT 51 YEARS, RANIBAGH
                         PANNA. (MADHYA PRADESH)

                                                                                         .....PETITIONER
                         (NONE)

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

                         2.    DISTRICT     MAGISRATE/      COLLECTOR
                               NARSINGHPUR (MADHYA PRADESH)

                         3.    SUPERINTENDENT OF           POLICE DISTT. PANNA
                               (MADHYA PRADESH)

                         4.    COMMISSIONER SAGAR (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                         (BY SHRI AMIT SHARMA - GOVERNMENT ADVOCATE)

                               Th is petition coming on for hearing this day, th e court passed the
                         following:
                                                             ORDER

This petition is filed by the petitioner, being aggrieved of the order dated 06.01.2009, passed by the Commissioner, Sagar Division, Sagar (M.P.), in Appeal Case No.225/B/121/Arms/2007-08, rejecting the appeal filed by the petitioner against the order of the District Magistrate, refusing to grant arms Signature Not Verified Signed by: ASHWANI PRAJAPATI Signing time: 8/9/2023 10:05:26 AM

license in her favour.

Petitioner's contention is that she is an elected representative. Earlier she was Sarpanch and thereafter, she became member of Janpad Panchayat Panna. For her personal security and safety, she required a arms license. Same has been denied by the authorities on the ground that there are some criminal cases against the husband of he petitioner. There is no material available on record to show that pendency of criminal cases against the husband can be a ground to deny issuance of arms license against the present petitioner. Petitioner who herself is a public functionary and was an elected Janpad Member.

Section 14 of the Arms Act, 1959, provides for refusal of licenses. The

conditions which are laid down in Sub-section (1) of Section 14 of the said Act, are not fulfilled in the present case. Thus, it is apparent that the authorities have denied license on political grounds rather than on sound legal reasoning.

It is settled principle of law that its provisions require organic interpretation which facilitate proper consideration of the right to self defence, present social conditions and correct interpretation of the Constitution so as not to render the statutes/provisions unconstitutional. Reliance can be placed on the judgment of Allahabad High Court in Ganesh Chandra Bhatt Vs. District Magistrate, Almoda (AIR 1993 Allahabad 291).

Therefore, merely on account of petitioner's husband involvement in some offences and that too not bringing the nature of the offences to show that they are so horrendous that public order or peace in tranquillity would have been in danger, impugned order cannot be sustained in the eyes of law.

Petition is allowed and disposed of.

Signature Not Verified Signed by: ASHWANI PRAJAPATI Signing time: 8/9/2023 10:05:26 AM

(VIVEK AGARWAL) JUDGE A.Praj.

Signature Not Verified Signed by: ASHWANI PRAJAPATI Signing time: 8/9/2023 10:05:26 AM