Madhya Pradesh High Court
Bhagirath Ahirwar vs The State Of Madhya Pradesh on 1 April, 2024
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 1 st OF APRIL, 2024
WRIT PETITION No. 5615 of 2024
BETWEEN:-
BHAGIRATH AHIRWAR S/O SHRI MULLU AHIRAR,
AGED ABOUT 46 YEARS, OCCUPATION: TEACHER R/O
PAHADTARE KA PURVA, P.S. JUJHARNAGAR, DISTRICT
CHHATARPUR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI MUKESH KUMAR MISHRA - ADVOCATE)
AND
1. STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY, DEPARTMENT OF
HOME, VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
2. COMMISSIONER, SAGAR DIVISION, SAGAR
(MADHYA PRADESH)
3. COLLECTOR/DISTRICT MAGISTRATE SAGAR
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SWAPNIL GANGULY - DEPUTY ADVOCATE GENERAL))
This petition coming on for admission this day, th e court passed the
following:
ORDER
This petition under Article 226 of Constitution of India has been filed
seeking the following reliefs:
1. That a writ/order/direction may kindly be issued for setting aside
the impugned order dated 16.1.2024 and 11.5.2017 ANNEXURE-P-L & P-
2 passed by respondent No.2 & 3 and to renew the Arm license which was
earlier issued in favour of the petitioner.
2. To issue a writ in the nature of certiorari, the Hon'ble Court may
be pleased to direct the respondents to reconsider the application for
renewal of license in view of acquittal of the petitioner.
3. To call for the record.
4. Any other writ, direction or order as this Hon'ble Court deems fit
and proper in the facts and circumstances of the case may please be issued
in favour of the petitioner.
2. It is submitted by counsel for petitioner that because of registration of
a criminal case for offence under Section 307 of IPC in Crime No.103/2015
registered at Police Station Jujharnagar, District Chhatarpur his arm license was
cancelled. The appeal filed by petitioner was also dismissed by Commissioner,
Sagar Division, Sagar by order dated 11.05.2017 passed in Appeal No.08/B-
121/Arms/Year 2016-17. It is submitted that after acquittal of petitioner he filed
an application before Collector/District Magistrate, Chhatarpur for renewal of
his license. However, the said application has been rejected on the ground that
appeal against cancellation of arm license has already been dismissed by
Commissioner, Sagar Division, Sagar.
3. Challenging the order passed by District Magistrate, Chhatarpur, it is
submitted that only ground for cancellation of his arm license was registration
of criminal case. Once petitioner has been acquitted for the said offence, then
the very basis for cancellation of his license has lost its effect and therefore, the
District Magistrate should have reconsidered the case in the light of acquittal of
petitioner by judgment dated 29.09.2022 passed by Additional Sessions Judge,
Lavkushnagar, District Chhatarpur in S.T. No.120/2016. It is further submitted
by counsel for petitioner that no appeal against his acquittal has been filed.
4. Heard learned counsel for petitioner.
5. Petitioner has not filed a copy of original order by which license was
cancelled. It is clear from order of appellate authority that petitioner was made
an accused under Section 30 of Arms Act because his licensed weapon was
used for committing offence under section 307 (2 counts) by the co-accused
Mullu. Petitioner has filed a copy of judgment dated 29.09.2022 passed by
Additional Sessions Judge, Lavkushnagar, District Chhatarpur in S.T.
No.120/2016 from which it is clear that Mullu (the person, who had allegedly
used the weapon) and petitioner have been acquitted for offence under Section
307 (2 counts) of IPC and under Section 30 of Arms Act respectively. Whether
the application for renewal of Arm license was maintainable or not after
dismissal of the appeal is not a very crucial aspect but one thing is clear that
once the very basis for cancellation of arm license is no more in existence, then
Licensing Authority can be directed to reconsider the question of
restoration/renewal of arm license in the light of changed circumstances.
6. Accordingly, order dated 16.01.2024 passed by District Magistrate,
Chhatarpur in Case No.Unregistered/B-121/Arms/2022-23 and order dated
11.05.2017 passed by Commissioner, Sagar Division, Sagar in Appeal
No.08/B-121/Arms/Year 2016-17 are hereby set aside.
7. The matter is remanded back to District Magistrate, Chattarpur to
reconsider the question of renewal/restoration of arm license in the light of
judgment of acquittal dated 29.09.2022 passed by Additional Sessions Judge,
Lavkushnagar, District Chattarpur in S.T. No.120/2016.
8. Needless to mention that in case if any appeal has already been filed
against acquittal of petitioner, then this direction for renewal/restoration of arm
license will automatically lose its effect.
9. Needless to mention that since original order of cancellation of arm
license has not been placed on record, therefore, it is not known as to whether
any other circumstance was also considered by licensing authority or not?
10. Accordingly, it is directed that in case if other circumstances exist,
then the same shall also be considered by the authority.
11. With aforesaid observation, this petition is finally disposed off.
(G.S. AHLUWALIA)
JUDGE
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Date: 2024.04.02 10:43:11 +05'30'
