Ishwar Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 2442 MP

                                                             1
                           IN    THE        HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                     BEFORE
                                       HON'BLE SMT. JUSTICE NANDITA DUBEY
                                             ON THE 10 th OF FEBRUARY, 2023
                                             WRIT PETITION No. 24062 of 2022

                          BETWEEN:-
                          ISHWAR SINGH S/O SHRI BHIKAM SINGH CHOUDHARY,
                          AGED ABOUT 50 YEARS, OCCUPATION: FARMER, R/O
                          VILLAGE THANWRI,      P.S. CHAURAI,   DISTRICT
                          CHHINDWARA (MADHYA PRADESH)

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

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                SECRETARY DEPARTMENT OF HOME VALLABH
                                BHAWAN, BHOPAL (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, POLICE STATION
                                CHAUR AI, DISTRICT CHHINDWARA (MADHYA
                                PRADESH)

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

                                This petition coming on for admission this day, th e court passed the
                          following:
                                                               ORDER

By this writ petition, the petitioner has challenged the order of the District Magistrate dated 19.09.2020 whereby exercising the powers under Section 17 Signature Not Verified Signed by: SMT. GEETHA NAIR Signing time: 2/10/2023 4:27:24 PM

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 SDM, 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.

This writ petition is dismissed with the aforesaid liberty.

(NANDITA DUBEY) JUDGE gn

Signature Not Verified Signed by: SMT. GEETHA NAIR Signing time: 2/10/2023 4:27:24 PM

Signature Not Verified Signed by: SMT. GEETHA NAIR Signing time: 2/10/2023 4:27:24 PM