Raghuraj Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 2256 MP

                                  1
 IN    THE       HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                         BEFORE
       HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                    ON THE 8 th OF FEBRUARY, 2023
                   WRIT PETITION No. 2793 of 2023

BETWEEN:-
RAGHURAJ SINGH S/O SHRI FERAN SINGH, AGED
ABOUT 54 YEARS, OCCUPATION: AGRICULTURE R/O
VILLAGE SINGHNIWAS POLICE STATION, KOTWALI,
SHIVPURI (MADHYA PRADESH)

                                                               .....PETITIONER
(BY SHRI GYAN SINGH YADAV - ADVOCATE )

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

2.    COMMISSIONER DIVISION, GWLAIOR DISTRICT
      GWALIOR (MADHYA PRADESH)

3.    COLLECTOR CUM DISTRICT MAGISTRATE,
      S H I V P U R I DISTRICT SHIVPURI (MADHYA
      PRADESH)

4.    SUPERINTENDENT     OF  POLICE,  SHIVPURI
      DISTRICT SHIVPURI (MADHYA PRADESH)

5.    S.H.O. KOTWALI, SHIVPURI DISTRICT SHIVPURI
      (MADHYA PRADESH)

                                                             .....RESPONDENTS
(BY SHRI SANJAY SHARMA- GOVT. ADVOCATE )

      Th is petition coming on for admission this day, JUSTICE MILIND
RAMESH PHADKE passed the following:
                                   ORDER

The present petition has been preferred against inaction on the part of the

respondents in not deciding the representation /application moved by the present petitioner for revocation of his arms license which was suspended in the year 2010 in lieu of certain criminal case registered against him under Sections 147, 148, 149, 336, 323 and 506-B of IPC.

It is contended by the Counsel for the petitioner that in the trial vide judgement dated 31.08.2012, the petitioner was acquitted of the charges punishable under Sections 147, 148, 149, 321 and 506-B and only fine of Rs. 250/- was imposed for the offence punishable under Section 336 of the IPC against which he has preferred an appeal wherein vide judgment dated 14.05.2015 even the amount of penalty which was imposed under Section 336

IPC was set aside and benefit of probation was granted to the petitioner and thereafter more than 12 years had passed and no other case has been registered against the present petitioner. It was further argued that on 06.04.2022, the petitioner has moved an application for revocation of the arms license which was earlier suspended, but till date the concerned authority had not decided the same and is sitting tight over the matter. Thus, a prayer has been made that if directions are issued to the concerned authority i.e. Collector, Distt. Shivpuri for deciding his representation/application within time bound frame, his grievance would be redressed.

Per contra, learned Govt. Advocate submits that the petitioner is having a criminal history and in the wake of such fact, the arms license which was earlier granted cannot be revoked, but he candidly submitted that if directions are issued with regard to decision on his representation, he has no objection.

Looking to the innocuous prayer made by the Counsel for the petitioner, the petition is disposed of with direction to Collector, Shivpuri to consider and

decide the representation dated 06.04.2022 moved by the petitioner with regard to revocation of the suspended arms license, within a period of four weeks from the date of receipt of certified copy of this order in accordance with law.

With aforesaid observations and directions petition stands disposed of. Cc as per rules.

(MILIND RAMESH PHADKE) JUDGE ar

ABDUR RAHMAN 2023.02.09 13:25:43 +05'30'