[Cites 7, Cited by 0]
Madhya Pradesh High Court
Rajendra Singh vs The State Of Madhya Pradesh on 3 December, 2025
Author: Pranay Verma
Bench: Pranay Verma
NEUTRAL CITATION NO. 2025:MPHC-IND:35403
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 3 rd OF DECEMBER, 2025
WRIT PETITION No. 25651 of 2019
RAJENDRA SINGH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Jitendra Sharma - Advocate for the petitioner.
Shri Kushagra Jain - Deputy Government Advocate for the
respondent/State.
ORDER
This petition under Article 226 of the Constitution of India has been
preferred by the petitioner challenging the order dated 04.10.2019 [Annexure
P/1] passed by the Additional Commissioner, Ujjain Division, Ujjain
affirming the order dated 20.06.2018 [Annexure P/5] passed by the Collector
cum District Magistrate, District Ujjain, whereby his arms licence has been
cancelled.
2. As per the petitioner, he has been holding his Arms Licence
No.12/Ujjain/2017 which was issued to him on 23.09.2017. However, on the
basis of registration of a criminal case against him vide crime number 69/18
at Police Station Ghattiya, District Ujjain for offences punishable under
Section 336, 323, 294, 427 and 506 of the IPC a report was forwarded by the
Superintendent of Police, District Ujjain to the Collector cum District
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Magistrate, District Ujjain recommending cancellation of arms licence of
the petitioner. By order dated 20.06.2018 the District Magistrate cancelled
the arms license of the petitioner, which order has been affirmed by the
Additional Commissioner by the impugned order dated 04.10.2019.
3. Learned counsel for the petitioner has submitted that the petitioner
has never misused the license and has never violated any of the terms and
conditions imposed in the license. The criminal case registered against him
was false and fabricated. The authorities below have only taken into
consideration the factum of registration of the criminal case against him, but
have not considered the fact of his acquittal therein by judgment dated
27.07.2019 by the Judicial Magistrate First Class, District, Ujjain. The same
ought to have been taken into account prior to cancellation of his license.
Such revocation only on the ground of registration of a criminal case against
him is hence illegal.
4 . Per contra, learned counsel for the respondent/State has
submitted that the impugned orders are perfectly just and legal. Since
criminal case was registered against the petitioner the authorities below have
rightly cancelled the arms license of the petitioner. The same cannot be
claimed as a matter of right by the petitioner hence, no interference in the
matter is called for.
5. I have heard the learned counsel for the parties and have perused
the record.
6. The petitioner was granted an arms license on 23.09.2017 which
was valid until 23.03.2020. However, due to registration of a criminal case,
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the petitioner's license was cancelled. A criminal case was registered against
the petitioner vide Crime No.69/18 at Police Station- Ghattiya, District Ujjain
for offences punishable under Section 336, 323, 294, 427 and 506 of the IPC
on the basis of which his arms license has been cancelled. However, prior to
cancellation of his arm license, the petitioner had already been acquitted in
the aforesaid criminal case by judgment dated 27.07.2019 passed by the
Judicial Magistrate, First Class, District Ujjain. The fact of registration of the
criminal case against the petitioner only has been taken into consideration by
the respondents but not the fact of his acquittal therein. The same ought to
have been taken into account prior to cancellation of his license. Moreover,
the license could have been cancelled only on any of the grounds under
Section 17 of the Arms Act and not merely for fact of registration of a
criminal case. The impugned orders, hence cannot be sustained.
7. As a result, the impugned order dated 04.10.2019 [Annexure P/1]
passed by the Additional Commissioner, Ujjain Division, Ujjain and the
order dated 20.06.2018 [Annexure P/5] passed by the Collector cum District
Magistrate, District Ujjain are hereby set aside and the matter is remanded
back to respondent/the Collector cum District Magistrate, District Ujjain to
decide the matter afresh by taking into consideration the fact of the acquittal
of the petitioner in the criminal case registered against him and in view of
Section 17 of the Arms Act.
8. With the aforesaid direction, the instant petition stands allowed
and disposed off. However, it is made clear that this Court has not expressed
any opinion on merits of the case.
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(PRANAY VERMA)
JUDGE
jyoti
