DEEWAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) By filing this petition under Article 226 of the Constitution, the petitioner has challenged the order of District Magistrate dated 21.2.2013, whereby the petitioner's arm licence was suspended till decision of Criminal Case, arising out of Crime No. 9/08 under Section 379, IPC. The petitioner's appeal is also rejected by the Commissioner on 14.5.2013.

(2.) The main ground of attack in this petition is that the arm of the petitioner was already deposited on 14.12.2012 (Annexure P-6). FIR of aforesaid crime number shows that the offences under Section 379 IPC are registered against the petitioner. As per the prosecution story also, the weapon is never used by the petitioner for the alleged offences. For these reasons, the petitioner's arm licence could not have been suspended.

(3.) Prayer is opposed by Smt. Nidhi Patankar, learned Government Advocate.