DILIP SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Heard on the question of admission. Challenge in this writ appeal under Section 2(1) of the Madhya Pradesh High Court (Appeal to Division Bench) Act 2005 is made to a order dated 02.07.2012, passed by the learned Writ Court in Writ Petition No. 4251/2012, whereby the writ petition filed by the appellant has been dismissed.

(2.) Appellant/petitioner is the holder of a arms licence and being aggrieved by an order dated 16.05.2011 passed by the District Magistrate, Morena whereby his licence was cancelled and the order of the appellate authority dated 11.04.2012 upholding the order passed by the District Magistrate, Writ Petition was preferred by the appellant/petitioner and the impugned order has been passed by the learned Writ Court.

(3.) It is seen from the record that petitioner was involved in Sessions Trial No. 149/2009, before the IV Additional Sessions Judge, Morena, with regard to offences punishable under Section 307 in alternate 307/149 of IPC and arm licence of the appellant/petitioner was cancelled due to his involvement in criminal case and finally even though the appellant was acquitted of the charge in the aforesaid criminal case by granting him benefit of doubt but cancellation of the arm licence was not revoked and as the authorities have cancelled the arm licence of the appellant/petitioner, challenged the said action, in a writ petition and the learned Writ Court came to the conclusion that the appellant has been acquitted by granting him the benefit of doubt, accordingly after applying the principle laid down by the Division Bench of this Court in Ram Kumar Sharma Vs. State of M.P. & Others, 2011 ILR(MP) 2964 the Writ Court was of the view that as the appellant is acquitted by giving the benefit of doubt in a criminal case the same does not ipso facto entitle him for restoration of the arms licence.