DINESH PACHORI Vs. STATE OF MP

JUDGEMENT

(1.) This writ petition under Article 226 and 227 of the Constitution of India is directed against the order dated 21.09.2011 passed by the State Government rejecting the application for grant of licence for firearm.

(2.) Learned counsel for the petitioner contends that no plausible reasons much less reasons have been assigned for turning down the application. It is contended that there has been recommendations by the CSP and SP of Morena (Annexure P/4 and P/5) and also that of the Collector for grant of licence. The aforesaid reports justified recommendations for the reasons that the petitioner faces threats to life and property, as dacoity was committed in his house and his father and grandfather at some time were kidnapped. As such, there is constant threat to the life and liberty of the petitioner and his family, besides homicidal death of the son of his uncle. Learned counsel for the petitioner also refers to the orders passed by this Court and other Co - ordinate Benches to contend that the decision on the application for grant of licence is required to be taken after due consideration of threat perception and danger to life, liberty and property of individuals or group of individuals. For want of consideration of relevant facts, impugned order cannot withstand the test of judicial scrutiny and, therefore, is unsustainable. Respondent No.1 without even looking to the factual details in the report has recorded perverse observation while rejecting the application.

(3.) Therefore, the impugned order deserves to be quashed. Per contra, learned counsel for the respondents/State justifies the order with reference to the policy enclosed as Annexure R/1 dated 26.03.2011 whereunder the general guidelines are provided for the purpose of grant of arm licence.