SARDARSINH SHIVABHAI PARMAR Vs. SUB-DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) THE petitioner, Sardarsinh Shivabhai Parmar, holder of Arms License No.B.S.853, being aggrieved by an order dated 30th October, 1995 passed by the learned Sub -Divisional Magistrate, Anand, revoking the license and an order dated 30th June, 1997 passed by the learned District Magistrate, Kheda in Appeal No.POL:Arms:Fi.42/97, dismissing the appeal filed by the petitioner, is before this Court submitting, inter alia, that the order passed by the learned Sub -Divisional Magistrate and confirmed by the District Magistrate are bad. They did not take into consideration that on the date of revocation of the license, the petitioner was not convicted for any offence, but, in fact, was facing the trial.

(2.) SHRI N. S. Desai, learned Counsel for the petitioner, submits that during pendency of this Writ Application, the petitioner has already been acquitted by the competent Court, therefore, the cause on which the license was suspended has vanished and is no more available to the Government and its Authorities. Therefore, both these orders deserve to be quashed.

(3.) SHRI Dipen Desai, learned Assistant Government Pleader for the State, submits that the said orders may be quashed with a direction to the learned Sub -Divisional Magistrate to reconsider the entire matter in light of the acquittal of the petitioner