BASUDEV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A.No.4605/2020, an application under Section 5 of Limitation Act for condonation of delay.

(2.) Precisely stated facts of the case are that petitioner was in possession of arms licence. Superintendent of Police, Shivpuri vide its letter dated 14-01-2013 informed the District Magistrate, Shivpuri that petitioner and one Balram Yadav resident of village Bamara Tahsil Porsa District Shivpuri shared some land dispute and due to that dispute, petitioner along with other persons allegedly assaulted Balram Yadav by lathi resulting in registration of FIR vide Crime No.288/2012 at Police Station Pohri. Since petitioner is having arms licence of double barrel 12 bore gun, therefore, apprehension was raised by Superintendent of Police, Shivpuri regarding misuse of weapon because of existing dispute.

(3.) On the basis of such report, District Magistrate, Shivpuri issued a show cause notice to the petitioner which was replied by the petitioner vide rely dated 24-04-2013. It was the submission that false case got registered against the petitioner and other co-accused at the instance of Balram Yadav. Petitioner never misused his weapon.