GAJENDRA SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) With the consent of parties, this petition is disposed of finally.

(2.) The petitioner has filed this petition being aggrieved by the order dated 22/01/2019 passed in case No. 319/2017-2018/appeal (arms) by the Commissioner, Chambal Division, Bhind, whereby, appeal of the petitioner has been dismissed affirming the order dated 20/02/2018 passed in case No. 57/2011 (Arms) 356 by the District Magistrate, Bhind, whereby, the petitioner's Arms License of a 12 bore gun bearing No. M.P./Bhind/G/1/227/03 and the second arms license of revolver bearing No. MP/BHD/G/11/168/08B have been cancelled on the ground that the criminal case Nos. 152/2014 and 153/2014 are still pending against him before the trial court.

(3.) Brief facts leading to filing of this case are that the petitioner is a citizen of India and is a bonafide resident of Madhya Pradesh and belongs to a family of agriculturist and has every right of selfdefence. The petitioner has applied for grant of arms license and vide order dated 05/06/2008, the aforesaid two arms license were granted in favour of the petitioner and thereafter, the same was renewed by him from time to time. Subsequently, vide order dated 08/05/2014 passed in case No. 57/2011 (Arms) 356 by the District Magistrate, Bhind exercising the powers conferred under section 17 of the Arms Act, 1959 (hereinafter referred to as the 'Act') and based on the recommendation made by the Superintendent of Police, District Bhind cancelled the arms license of the petitioner on account of registration of one criminal case bearing No. 84/2011 for the offence punishable under section 353, 332, 506, 186, 34 of IPC as well as on the ground of apprehension of disturbance in the public peace and breach of law. Being aggrieved, the petitioner has assailed the order dated 08/05/2014 by filing an appeal bearing No. 50/2013-14/Appeal (Arms) before the Additional Commissioner, Chambal Division, Morena on the ground that criminal case No. 84/2011 on the basis of which, the gun license of the petitioner was cancelled, the petitioner has been acquitted from the said criminal case. After taking into consideration the said fact, the Additional Commissioner, Chambal Division vide order dated 25/08/2015 has quashed the order passed by the District Magistrate, Bhind and remitted the matter back with the observation that the District Magistrate, Bhind may first seek fresh status report from the Superintendent of Police, District Bhind with respect to the petitioner and after taking into consideration of the same and after affording full opportunity of hearing to the petitioner pass the order afresh in accordance with law. The petitioner immediately approached the District Magistrate, Bhind with order dated 25/08/2015, but the District Magistrate, Bhind delayed the matter for more than two years. The District Magistrate, Bhind again rejected the claim of the petitioner vide order dated 20/02/2018 on the ground that at present two criminal cases bearing No. 152/2014 and case No. 153/2014 are still pending before the trial court and the petitioner has misused the arms license granted in his favour. He has also interfered in the discharge of the official duties of the employees and has disturbed the public peace and tranquility, therefore, the said two arms license have been cancelled.