ACHCHE LAL JAISWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner was granted Arms Licence No.17/Teen/R/2002, which was renewed up to 31.12.2013. On the report of Superintendent of Police, Raipur dated 8.10.2010 that he has been charged for offence under Section 407 of the IPC registered in Police Station-Urla, a show cause notice was issued to the petitioner on 30.11.2010 to file reply till 7.12.2010. Since no reply was filed, the District Magistrate/Licensing Authority in exercise of powers conferred under Section 17(3)(b) of the Arms Act, 1959 (hereinafter called as "the Act of 1959") revoked his license on 24.12.2010, which he challenged before the appellate authority, which was dismissed on 2.7.2012, against which, the petitioner preferred writ petition being WP (Cr.) No.6 of 2013 before this Court. This Court vide order dated 5.4.2016 allowed the writ petition and quashed the orders of the District Magistrate and the appellate Authority (Commissioner) and remitted the matter to the District Magistrate, Raipur for hearing and disposal in accordance with law after giving an opportunity of hearing to the petitioner to file reply. This time again, learned District Magistrate has maintained the order holding that offence under Section 407 of the IPC registered against the petitioner is still pending consideration and held that his revocation of license by order dated 24.12.2010 is in accordance with law, against which, this writ petition has been filed.

(2.) Mr.Anchal Kumar Mhatrey, learned counsel for the petitioner, would submit that mere pendency of criminal case cannot be a ground to revoke the license in exercise of powers conferred under Section 17 (3) (b) of the Act of 1959, therefore, the impugned order deserves to be quashed.

(3.) On the other hand, Mr.Anant Bajpai, learned Panel Lawyer for the respondent/State, would support the impugned order.