LEELADHAR Vs. STATE OF MP

JUDGEMENT

(1.) THEY are heard.

(2.) BRIEF facts of the case are that the petitioner in connection with Crime No. 46/1994 was convicted by learned Judicial Magistrate First Class, Jaura, District Morena for the offence punishable under Section 323 of IPC and sentenced to suffer three months RI with fine of Rs. 500/ -. Against the order passed by the Judicial Magistrate First Class, the petitioner preferred an appeal before learned Third Additional Sessions Judge, Morena. The learned appellate Court in Criminal Appeal No. 376/2004 vide judgment dated 24 -01 -2005, modified the order passed by the learned Magistrate by upholding the conviction of the petitioner for the offence punishable under Section 323 of IPC and reduced the sentence till rising of the Court and enhanced the fine amount of Rs. 500 to Rs. 800/ - with default stipulation.

(3.) IT is further contended by learned counsel for the petitioner that the petitioner was never misused his arms licence from the very inception nor during pendency of period of suspension he was used the same and there was no danger or threat to the public security or peace or any complaint to this effect was lodged by any one against him. Learned authority without considering the provisions of Section 17 of the Act, committed an error in dismissing the appeal and upholding the order of cancellation of arms licence. In support of his contention, he drew my attention to the decision of this High Court in Badshah alias Taj Mohammad Vs. State of M.P. and another, reported in : 2007 (4) MPLJ 527. Relevant portion (paragraphs 10 to 15) reads as under: -