GAMBHIR SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner has filed the instant petition for quashing order Annexure -P 3 passed by the competent authority directing cancellation of the Arms Licence issued to the petitioner and the order Annexure -P 4 passed by the appellate Authority rejecting the appeal filed by the petitioner against the order Annexure -P 3.

(2.) IT is the case of the petitioner that he is working in the Army and the respondent 2 District Magistrate vide order Annexure -P 3 has cancelled the Arms Licence only on the ground that FIR has been lodged against the petitioner and a criminal case has been registered against him, however, inviting attention to Annexure -P 5 dated 3.7.1997 it is submitted by learned counsel for the petitioner that the said case has been closed and no proceedings for trial were initiated against the petitioner, however, the authority concerned, without considering the fact and without trying to verify from the Suprintendent of Police concerned with regard to FIR in question, have passed the impugned order.

(3.) I have heard learned counsel for the perties. The Criminal case has been closed and no action was taken against the petitioner on the basis of the FIR lodged against him as such, it is appropriate that the matter be remitted back to respondent 2 who shall reconsider the matter after taking into consideration the fact that the FIR and the criminal case because of which Arms Licence has been cancelled has been closed and no action was taken against the petitioner in the said case.