ASHWINI KUMAR SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) The present petition under Article 226/227 of the Constitution of India is preferred against the order dtd. 5/2/2013 passed by the Commissioner, Chambal Division, Morena in Appeal No.9/2012 (Arms), wherein challenge was made to an order passed by the District Magistrate, District Bhind dtd. 31/7/2012, whereby he had rejected the application for renewal of arms license No.MP/BHD/1/254/2000B issued to the petitioner on the basis of non-recommendation by the Superintendent of Police (Bhind) vide letter dtd. 22/12/2011 and on the delay of 28 days in filing the application and while dismissing the appeal, the order of Collector has been affirmed.

(2.) Learned counsel for the petitioner submitted that during the pendency of trial against his minor brother the petitioner had moved an application for renewal of license in January, 2011. On the application, information was sought from the Superintendent of Police, who gave a wrong information that there is a case under Sec. 307 of IPC and Ss. 25,27 and 30 of Arms Act. In fact, the case under Sec. 30 of Arms Act against the petitioner, wherein he was acquitted vide judgment dtd. 25/5/2012 passed in case No.1204/09 and his brother was also acquitted of charges under Sec. 307 of IPC but instead of renewing the license the District Magistrate relying on a wrong report sent by the Superintendent of Police, rejected the application for renewal of arms license. Thereafter, the petitioner filed statutory appeal under Sec. 18 of Arms Act before the Commissioner, Chambal Division, which had also received the same fate. Being aggrieved by the impugned orders, the present petition has been filed.

(3.) It is further submitted that the license was issued in favour of the petitioner after due verification but the order impugned has been passed in mechanical manner merely relying on an old report sent by the S.P. and even which did not contain the correct facts, as the petitioner and his brother have been separately acquitted in the criminal cases arising out of the alleged misuse of arms.