Ramanand Tripathi vs The State Of Madhya Pradesh
2024 Latest Caselaw 13997 MP

Madhya Pradesh High Court

Ramanand Tripathi vs The State Of Madhya Pradesh on 13 May, 2024

Author: Sheel Nagu

Bench: Sheel Nagu

                                                            1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                         HON'BLE SHRI JUSTICE SHEEL NAGU
                                                 ON THE 13 th OF MAY, 2024
                                            WRIT PETITION No. 20507 of 2023

                          BETWEEN:-
                          RAMANAND TRIPATHI S/O KAMLA PRASAD TRIPATHI,
                          AGED ABOUT 43 YEARS, OCCUPATION: SECURITY
                          GUARD R/O H.NO. 96 MEERA NAGAR NEAR 12 NO. BUS
                          STOP POLICE STATION KAMLA NAGAR BHOPAL
                          DISTRICT BHOPAL (MADHYA PRADESH)

                                                                                        .....PETITIONER
                          (BY SHRI R.N. CHATURVEDI - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                THE PRINCIPAL SECRETARY DEPARTMENT OF
                                HOME    VALLABH   BHAWAN   MANTRALAYA
                                BHOPAL (MADHYA PRADESH)

                          2.    THE      COMMISSIONER, DIVISION  BHOPAL
                                DISTRICT BHOPAL (MADHYA PRADESH)

                          3.    THE DISTRICT MAGISTRATE, BHOPAL DISTRICT
                                BHOPAL` (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                          (BY SHRI G.P. SINGH - GOVERNMENT ADVOCATE)

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

Challenge in this petition filed under Article 226 of the Constitution is made to order of cancellation of Fire Arm Licence of 12 Bore Gun dated 03.01.2023 vide Annexure P/2 and the subsequent order of Appellate Authority dated 12.07.2023 vide Annexure P/4 upholding the original order of

cancellation.

2. Learned counsel for rival parties are heard on the question of admission so also final disposal.

3. The reason assigned in the impugned order (Annexure P/2) by District Magistrate, Bhopal is of involvement of petitioner in the offence in regard to Crime No.243/2022 registered at P.S. Kamla Nagar, District Bhopal alleging offences punishable u/S. 336 of IPC and Section 30 of Arms Act.

4. In view of wide powers conferred upon Licensing Authority u/S.17 for suspension as well as revocation inter alia on the ground that Licensing Authority deems it necessary for Public Peace or Public Safety, this Court is of

the considered view that no illegality can be found in the impugned order passed by District Magistrate as well as Appellate Authority.

5. However, learned counsel for petitioner informs of subsequent development of the criminal prosecution arising out of crime number as aforesaid, ending in acquittal by judgment dated 19.01.2024 by Court of J.M.F.C., Bhopal.

6. Accordingly, this petition stands disposed of granting liberty to the petitioner to move an application before Licensing Authority for restoration of licence. If any such application is moved within a period of 30 days, then the same shall be considered and decided by Licensing Authority in accordance with law by passing a speaking order within a further period of 15 days.

7. With aforesaid liberty, this petition stands disposed of.

(SHEEL NAGU) JUDGE mohsin