Madhya Pradesh High Court
Devisingh Beldar vs The State Of Madhya Pradesh on 12 March, 2025
Author: Pranay Verma
Bench: Pranay Verma
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 12 th OF MARCH, 2025
WRIT PETITION No. 24399 of 2019
DEVISINGH BELDAR
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Shivendra Singh Parihar - Advocate for the petitioner.
Shri Mukesh Parwal appearing on behalf of Advocate General.
ORDER
By this petition preferred under Article 226 of the Constitution of India, the
petitioner has challenged the order dated 18.09.2019 [Annexure P/2] passed by
the Additional Commissioner, Ujjain Division, Ujjain affirming the order dated
14.09.2018 [Annexure P/1] passed by the Additional District Magistrate, District
Agar Malwa whereby he had dismissed the application preferred by the petitioner
for renewal of his Arms License.
2. The petitioner submits that he is having agricultural land in Tehsil
Nalkheda, District Agar Malwa. He was granted an arms license in the year 2012
bearing No.DM/SJR/132/2012 for a 12 bore gun under the provisions of Arms
Act, 1959 and the Rules made thereunder.
3. As per the petitioner, he has never misused the said arms license and has
never violated any of the terms and conditions imposed in the license. The license
was renewed from time to time and the last renewal was effective up to
31.12.2017. The petitioner made an application for renewal of the said license
under Section 15 of the Arms Act, 1959. By order dated 14.09.2018 [Annexure
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P/1] the Licencing Authority has refused to renew the license only on the ground
that certain criminal cases registered vide Crime Nos.111/2016, and 133/2016 are
pending against him. The said order has been affirmed by the Additional
Commissioner hence the petitioner has been forced to approach this Court.
4. Learned counsel for the petitioner has submitted that in all the criminal
cases which were registered against the petitioner he has been acquitted in the year
2016 on the basis of compromise. Thereafter, no case has been registered against
the petitioner. Reliance has been placed on the decisions of this Court in
Dharampal Ramnarayan Agrawal Vs. State of Madhya Pradesh and another,1998
(1) MPLJ, 537, Shishir Tiwari Vs. State of Madhya Pradesh and others, Writ
Appeal No.1295 of 2021 decided by order dated 13.01.2022 and Pawan Diwakar
Vs. State of Madhya Pradesh and others, Writ Petition No.20446 of 2018 decided
by order dated 21.02.2022.
5. Learned counsel appearing for the respondents/State has supported the
impugned order and has submitted that it is the discretion of the Licencing
Authority whether to renew the licence or not and such a discretion should not be
interfered with by the writ Court. The petition deserves to be dismissed.
6. I have considered the submissions of learned counsel for the parties and
have perused the record.
7. From a perusal of the impugned orders, it does not appear as to how
registration of a criminal case by itself would disentitle the petitioner for renewal
of the arms licence. While it is true that the Licencing Authority has the discretion
not to renew the licence but while doing so, the provisions of Section 14 of the
Arms Act have to be taken into consideration. In the judgments relied upon by the
learned counsel for the petitioner, it has been clearly held by this Court that
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licence cannot be rejected on grounds beyond Section 14. Sections 14, 15 and 17
of the Act do not suggest that the renewal of licence can be refused only on the
ground of registration of a criminal case. Moreover the licencing authority has
only considered the factum of registration of criminal cases against the petitioner
but has not considered the effect of acquittal of the petitioner therein.
7. In view of the aforesaid, the impugned orders dated 14.09.2018
(Annexure P/1) and 18.09.2019 (Annexure P/2) are hereby set aside. The
Licencing Authority is directed to reconsider the application of the petitioner for
renewal of arm licence afresh in accordance with the provisions of the Arms Act,
1959 and to pass a fresh order within three months from the date of receipt of
certified copy of this order.
8. With the aforesaid directions, the present petition stands disposed off.
(PRANAY VERMA)
JUDGE
jyoti
