Punjab-Haryana High Court
Buta Singh vs State Of Punjab And Others on 18 March, 2024
Author: Suvir Sehgal
Bench: Suvir Sehgal
Neutral Citation No:=2024:PHHC:038385
2024:PHHC:038385
CWP-6442-2024 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(102)
CWP-6442-2024
Date of decision:- 18.03.2024
Buta Singh ...Petitioner
Versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present: Mr. Rajan Singh Dadwal, Advocate
for the petitioner.
...
SUVIR SEHGAL, J. (Oral)
1. By way of present writ petition filed under Article 226/227 of
the Constitution of India, petitioner has approached this Court for issuance
of a writ in the nature of certiorari for quashing order dated 02.01.2023,
Annexure P-6, passed by respondent No.3, whereby, Arms Licence
granted to the petitioner, has been cancelled, and appellate order dated
16.08.2023, Annexure P-8, passed by respondent No.2, whereby, appeal
filed by the petitioner under Section 18 of the Arms Act, 1959, has been
dismissed.
2. Counsel for the petitioner has contended that the sole ground for
cancellation of the Arms Licence was registration of FIR No.0003 dated
15.01.2022, registered for offences under Sections 341, 342, 323, 148,
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149 and 120-B, IPC, at Police Station Hathur, District Ludhiana Rural,
Annexure P-3, wherein, although petitioner was named as accused, but no
role was ascribed to him. He submits that after trial, petitioner, who was
named as accused No.10, has been acquitted by judgment dated
02.02.2024, Annexure P-9. He submits that prior to his acquittal, an
appeal was filed by him, stood rejected by respondent No.2, vide
impugned order, Annexure P-8.
3. Notice of motion.
4. On asking of the Court, Ms. Amrita Garg, AAG, Punjab, accepts
notice on behalf of the respondents. She has supported the orders under
challenge.
5. I have heard counsel for the parties and considered their
respective submissions.
6. A perusal of the impugned order, Annexure P-8, shows that
Arms Licence was cancelled on the ground of registration of criminal case
against the petitioner. As the criminal case has concluded and the
petitioner has been acquitted, this Court is of the view that the matter will
require reconsideration at the hands of the authorities in view of the
subsequent development.
7. Accordingly, impugned orders, Annexures P-6 and P-8, are
quashed. Matter is remitted to respondent No.3, to take a fresh decision in
the light of the acquittal of the petitioner.
8. Petition is disposed of.
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9. Parties are directed to appear before respondent No.3, on
18.04.2024 at 10.00 A.M., for further proceedings.
10. It is clarified that order dated 02.12.2022, Annexure P-4,
whereby Arms Licence of the petitioner was suspended, shall remain in
operation and will be subject to the outcome of the decision taken by
respondent No.3.
(SUVIR SEHGAL)
JUDGE
18.03.2024
Pardeep
Whether Speaking/Reasoned Yes
Whether Reportable Yes
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