Pulli Alias Pulandar Singh vs State Of M.P
2023 Latest Caselaw 575 MP

                                    1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                          BEFORE
        HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                     ON THE 10 th OF JANUARY, 2023
                     WRIT PETITION No. 6651 of 2012

BETWEEN:-
PULLI ALIAS PULANDAR SINGH S/O RAJENDRA SINGH
G U R J A R R/O VILL SARSED, POLICE STATION
MEHGAON, BHIND (MADHYA PRADESH)

                                                                  .....PETITIONER
(BY SHRI H.K.SHUKLA - ADVOCATE )

AND
STATE OF M.P TH: DISTRICT MAGISTRATE BHIND
(MADHYA PRADESH)

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

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

Present petition under Article 227 of the Constitution of India has been

preferred challenging the order dated 18.01.2012 whereby, order of rejection of Arms license passed by Collector, Distt. Bhind has been affirmed by Commissioner Chambal Division on the ground that since a criminal case was registered against the present petitioner under Section 11,13 of MPDVPK Act which is serious in nature, it appears that the petitioner is a man of criminal antecedents, therefore, rejection of arm license is held to be valid.

At the outset, learned counsel for the petitioner submits that the very basis for rejection of Arms license, was registration of criminal case at Crime

No.158 of 2009 registered at PS Mehgaon Distt. Bhind for offence under Sections 212, 216 of IPC and 11,13 of MPDVPK Act and the petitioner has been acquitted in the said case vide judgment dated 26th July, 2013 and since very basis for rejection of Arms license has come to an end, a limited prayer, thus was made that the respondents may be directed to consider case of the petitioner in the light of the aforesaid subsequent event.

Learned counsel for the petitioner submits that if the petitioner applies afresh before the concerning authority for issuance of the Arms license, the same shall be considered in accordance with law.

Looking to the limited prayer made by counsel for the petitioner, this

petition is disposed of with a direction to the petitioner to file fresh application for issuance of Arms license before concerning authority and the concerning authority shall decide the same keeping in view acquittal of the present petitioner in the aforesaid case and decide the application within four weeks from the date of receipt of said application, in accordance with law.

With the aforesaid, this petition stands disposed of.

(MILIND RAMESH PHADKE) JUDGE Rk RAM KUMAR SHARMA 2023.01.10 18:48:43 +05'30'