Phoolchand Atriavedi vs The State Of Madhya Pradesh
2024 Latest Caselaw 6727 MP

Madhya Pradesh High Court

Phoolchand Atriavedi vs The State Of Madhya Pradesh on 5 March, 2024

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                             1                       W.P.No.2588/2015



IN THE HIGH COURT OF MADHYA PRADESH
            AT JABALPUR
                        BEFORE
     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
               ON THE 5th OF MARCH, 2024
                 WRIT PETITION No. 2588 of 2015

BETWEEN:-

PHOOLCHAND ATRIAVEDI S/O DEVIDAYAL
TRIEDI, AGED ABOUT 52 YEARS, VILL GAHABRA
TAH COURIHAR DISTT CHHATARPUR CHHUI
KHADAN PS      CIVIL   LINE CHHATARPUR
(MADHYA PRADESH)
                                                      .....PETITIONER
(BY SHRI MANOJ KUMAR MISHRA - ADVOCATE)

AND

1.    THE STATE OF MADHYA PRADESH
      SECRETARY VALLABH BHAWAN BHOPAL
      (MADHYA PRADESH)

2.    COLLECTOR CHHATARPUR, DISTRICT
      CHHATARPUR (MADHYA PRADESH)

3.    COMMISSIONER SAGAR, DISTRICT SAGAR
      (MADHYA PRADESH)

4.    THE  SUPERINTENDENT  OF  POLICE
      CHHATARPUR, DISTRICT CHHATARPUR
      (MADHYA PRADESH)
                                                   .....RESPONDENTS

 (BY SHRI DILIP PARIHAR - PANEL LAWYER)

      This petition coming on for admission this day, the court passed
the following:
                                  2                           W.P.No.2588/2015


                                     ORDER

This petition under Article 226 of Constitution of India has been filed against the order dated 24.03.2014 passed by Collector, Chhatapur in Case No.16/Arms/2014 and order dated 13.12.2014 passed by Commissioner, Sagar Division, Sagar in Appeal No.232/B-121/Arms/2013-2014 by which the arms license of the petitioner has been cancelled on the ground of pendency of criminal case.

2. without adverting to the merits of the case, it is submitted by counsel for petitioner that since Crime No.159/2013 was registered against the petitioner at Police Station Civil Lines, Chhatarpur for offence under Sections 307, 302, 34 of IPC, therefore, his arms license was cancelled, however the petitioner has been acquitted in the said offence by judgment dated 26.02.2018 passed by First ASJ, Chhatarpur in S.T.No.314/2013, therefore the very basis for cancellation of the arms license is no more in existence and accordingly the impugned orders are liable to be set aside.

3. Per contra, the petition is vehemently opposed by counsel for State but it is fairly conceded that the petitioner has been acquitted.

4. Under these circumstances, the order dated 24.03.2014 passed by the District Magistrate, Chhatarpur and order dated 13.12.2014 passed by Commissioner, Sagar Division, Sagar are hereby set aside.

5. The matter is remanded back to the District Magistrate. Chhatarpur to reconsider the show cause notice issued to the petitioner by which he was called upon to explain as to why the license may not be cancelled.

6. The District Magistrate, Chhatarpur is directed to take into consideration the judgement by which the petitioner has been acquitted.

7. The petitioner is directed to appear before the District Magistrate, Chhatarpur on 30.04.2024. The District Magistrate, Chhatarpur shall take a final decision within a period two months from thereafter.

8. With aforesaid observation, the petition is finally disposed of.

(G.S. AHLUWALIA) JUDGE

VB* VINAY KUMAR BURMAN 2024.03.15 17:11:45 +05'30'