Orissa High Court
Kartick Kumar Misra vs State Of Odisha & Others ....... Opp. ... on 2 April, 2024
IN THE HIGH COURT OF ORISSA, CUTTACK
W.P.(C) No.6413 of 2024
Kartick Kumar Misra ....... Petitioner
-Versus-
State of Odisha & others ....... Opp. Parties
For Petitioner : Mr. A. Mishra,
Advocate
For Opp. Parties : Mr. B. Panigrahi,
Additional Standing Counsel
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CORAM: JUSTICE SANJAY KUMAR MISHRA
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Date of Hearing & Judgment: 02.04.2024
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S.K. Mishra, J. This Writ Petition has been preferred with a prayer
to renew the gun license of the Petitioner and release the gun
in his favour immediately.
2. The brief background facts which led to filing of the
present Writ Petition is that, the Petitioner is a licensed gun holder
since the year 1979 and had obtaining the said license vide
License No.62/March/K.W. Camp/Delhi corresponding to Arms
License No.155/90/CTC. The said license was issued in favour of
the Petitioner for possession of a BRNO Long Rifle MOD 2 Calibre
.22 rifle, bearing Sl. No.183609 and he was diligently renewing the
said license from time to time.
3. It is further case of the Petitioner that the said license
was last renewed on 25.03.1998 and was valid till 31.12.2001.
Thereafter, due to prolonged illness and death of the Petitioner's
father and financial crunch on his part, the Petitioner was
compelled to take a job outside the country and due to medical
and personal difficulties, the Petitioner was neither able to come to
India for a long time, nor was able to renew the license on time.
4. It is further case of the Petitioner, during the process of
relocating to Bahrain as an employee of the National Bank of
Bahrain, unfortunately he misplaced the gun license and was
unable to locate it until he finally came to India and after a lot of
effort he was finally able to find it only in the year 2015.
Thereafter, the Petitioner applied for renewal of his gun license
along with all the requisite documents, which is pending since
then. Thereafter, before the Assembly Election 2019, the Petitioner
went to the local Police Station i.e. Madhupatna P.S., and
voluntarily submitted the rifle to the custody of the Police in order
to enable himself to apply to the authorities for renewal of his
W.P.(C) No.6413 of 2024 Page 2 of 6
license and was ready and willing to pay for the penalties, that
may be imposed.
5. It is further case of the Petitioner, on 09.09.2020 again
he appeared before the Opposite Party No.3 i.e. Commissioner of
Police, Police Commissionerate, Bhubaneswar-Cuttack and
submitted a detailed representation to the effect that his case for
renewal of license may be considered and the delay caused in
filing application for renewal may be condoned, clearly indicating
therein that he is ready and willing to pay the fees and penalties,
as would be imposed against him. On being so approached, the
Opposite Party No.3, considering the genuine predicaments faced
by the Petitioner and his willfulness to bear the cost vide letter
dated 28.10.2020, directed to the Opposite Party No.4 i.e. Deputy
Commissioner of Police, Cuttack, to submit a fresh character
antecedent report as well as health condition report so also any
threat perception of the Petitioner. But no action has been taken
till date for consideration of his application for renewal of his gun
license because of non-submission of report, as called for by the
Opposite Party No.3 i.e. Commissioner of Police, Police
Commissionerate, Bhubaneswar-Cuttack.
W.P.(C) No.6413 of 2024 Page 3 of 6
6. Reiterating the averments made in the Writ Petition,
learned Counsel for the Petitioner submitted, a direction be given
to the Opposite Party Nos.3 & 4 to act on the application of the
Petitioner for renewal of his gun license within a stipulated period.
7. In response to the said submission made by learned
Counsel for the Petitioner, Mr. B. Panigrahi, learned Additional
Standing Counsel for the State/Opposite Parties submitted, as
prescribed under Rule-24 of the Arms Rules, 2016, the application
has to be filed in a prescribed form and to be processed in terms
of the provisions prescribed under the Arms Act, 1959 so also
rules made thereunder and there is no such averments made to
the said effect in the Writ Petition that the Petitioner acted in
terms of Rule 24 of Arms Rules, 2016.
8. In response to the said submission made by learned
Counsel for the State/Opposite Parties, Mr. Mishra, learned
Counsel for the Petitioner, drawing attention of this Court to the
documents appended to the Writ Petition as at Annexure-1,
submitted that the Arms Rules, 2016 came into effect in the year
2016 i.e. after submission of Application for renewal of his gun
license in plain paper on 21.08.2015. On being so pointed out by
the Authority concerned, again the Petitioner applied in the
W.P.(C) No.6413 of 2024 Page 4 of 6
prescribed form on 07.05.2018, which was submitted before the
Licensing Authority along with all the relevant documents, as
required for the said purpose. Immediately thereafter, the
Petitioner had given the custody of the gun to the police authority
on 13.05.2018.
9. It is ascertained from the record that admittedly the
report called for by the Deputy Commissioner of Police (H.Q),
Bhubaneswar-Cuttack dated 28.10.2020 from the Deputy
Commissioner of Police, Cuttack (Opposite Party No.4) is pending
since long.
10. In view of the facts, as detailed above, the Opposite Party
No.4 is directed to submit a report, as called for vide letter dated
28.10.2020, to the Opposite Party No.3 within a period of four
weeks from the date of production of the certified copy of this
order. On getting the said report, the Opposite Party No.3 shall do
well to consider the application of the Petitioner for renewal of
license of arms dated 07.05.2018, as at Annexure-1, in
accordance with law and communicate the outcome of the same to
the Petitioner within a period of four weeks from the date of
receipt of the said report from the Opposite Party No.4.
W.P.(C) No.6413 of 2024 Page 5 of 6
11. Since there is no endorsement in the Application dated
07.05.2018 in Form-A-3 i.e. the application allegedly submitted
by the Petitioner for renewal of his arms license, the Petitioner is
directed to submit a copy of the Writ Petition with all the
annexures along with the copy of this order to the Opposite Party
Nos.3 & 4 enabling them to act in terms of the direction given by
this Court.
I2. With the above observation and direction, the Writ
Petition stands disposed of.
13. Urgent certified copy of this order be granted on proper
application as per rules.
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S.K. MISHRA, J.
Orissa High Court, Cuttack
The 2nd April, 2024/Kanhu
Designation: JUNIOR STENOGRAPHER
Location: High Court of Orissa, Cuttack.
Date: 06-Apr-2024 16:47:13
