VIRENDRA SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner alleging that respondent No.5 is harassing the petitioner for compelling him to sell his property and false case has been directed to be registered against the petitioner, but in the relief clause, it is mentioned that proceedings under Section 100 of Cr.P.C. as initiated by the Sub Divisional Magistrate may be quashed. Protection has also been sought against respondent No.5.

(2.) Learned counsel for the petitioner fairly submits that as far as reliefs No.2 and 3 are concerned, they have been rendered infructuous with efflux of time, but Sub Divisional Magistrate has unnecessarily initiated the proceedings under Section 110 of Cr.P.C. despite the fact that all the cases which are mentioned in the order dated 31.12.2010, Annexure P/2, have been settled. He has also submitted that the proceedings under Section 110 of Cr.P.C. were initiated merely to suspend the arm licence issued to the petitioner.

(3.) In reply/return, respondents/State have categorically mentioned that respondent No.5 has been transferred to police Station, Padav, Distt. Gwalior and he is no more SHO of police Station, Gijora, Distt. Gwalior. It is also mentioned that petitioner was served with a notice to suspend his arm licence in pursuance to criminal antecedents and he is having criminal history of four criminal cases. It is further mentioned that petitioner has a statutory remedy of filing an appeal under the Arms Act to the Commissioner, Gwalior Division, Gwalior, against the order of suspension of his arm licence. As per the petitioner, all the criminal cases have been settled in favour of the petitioner either by way of compromise or otherwise and no criminal case is pending.