Premsingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 7810 MP

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                   ON THE 11 th OF MAY, 2023
                                               WRIT PETITION No. 4707 of 2023

                           BETWEEN:-
                           PREMSINGH S/O JUWARSINGH, AGED ABOUT 55
                           YEAR S, OCCUPATION: AGRICULTURE R/O SUIGAON
                           THANA NALKHEDA DISTT. AGAR MALWA (MADHYA
                           PRADESH)

                                                                                           .....PETITIONER
                           (BY SHRI VISHAL PATIDAR, ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH AAYUKT
                                 UJJAIN DIVISION UJJAIN (MADHYA PRADESH)

                           2.    STATE OF M.P. THROUGH UPPER JILA
                                 DANDADHIKARI AGAR MALWA, DIST. AGAR
                                 MALWA (MADHYA PRADESH)

                           3.    THANA PRABHARI P.S. NALKHEDA, DIST. AGAR
                                 MALWA (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI SUDARSHAN JOSHI, GOVERNMENT ADVOCATE)

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

The petitioner has filed present petition being aggrieved by the order dated 04.09.2018, whereby the Additional District Magistrate, Agar Malwa has cancelled the arm license of the petitioner on account of registration of Criminal Case No. 239/2016 under Sections 354, 354 (a) and 506 of Indian Penal Code against him.

Signature Not Verified Signed by: VINDESH RAIKWAR Signing time: 11-05-2023 19:03:07

Learned counsel for the petitioner submits that the petitioner has already been acquitted from the said criminal case and this fact has not been considered by the learned Magistrate while cancelling the registration of arm license mechanically. Copy of judgment dated 28.05.2018 filed with this petition as Annexure-P/1, whereby the petitioner has been acquitted, therefore, from the face of this order, the impugned order is unsustainable. Hence, the same be set aside.

Although, there is no mistake on part of the Additional District Magistrate because the information about registration of criminal case was sent by the local police station, Nalkheda who has no information about passing of judgment by

the Court in the aforesaid crime number. There is lack of coordination between the police station and the Court in respect of updating the status of criminal case after filing of the charge-sheet. The concerned police station should periodically get information from the Courts about status of trial. The police station should maintain a register to record the status of criminal case either through I.C.J.S. or manually.

Copy of this order be sent to the Director General of Police, M.P. who shall issue necessary directions to all the police stations about maintenance of the record in respect of the status of criminal case after filing of the charge- sheet.

In view of the above observation and direction, writ petition is allowed.

(VIVEK RUSIA) JUDGE Vindesh

Signature Not Verified Signed by: VINDESH RAIKWAR Signing time: 11-05-2023 19:03:07