BRAHMA PRAKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The jurisdiction of this court has been invoked under articles 226/227 of Constitution Of India praying for quashing for impugned order dtd. 23/2/2022 (Annexure P-2) and 17/1/2020 (Annexure P-1) whereby grant of fresh arms license to the petitioner was rejected by Respondent No. 2 and 3 respectively with a further prayer to direct Respondent No. 3 to issue him a fresh arms license.

(2.) The petitioner is an advocate practising in Delhi/NCR who applied for grant of a fresh arms licence on 15/7/2014 before the competent authority at Faridabad for the purpose of self-defence. The said application was initially rejected on 9/10/2015. Aggrieved by the rejection, the petitioner preferred an appeal before the Commissioner, Gurgaon Division. The appellate authority, vide order dtd. 8/12/2017, allowed the appeal and set aside the rejection order, thereby directing reconsideration of the petitioner's application.

(3.) Pursuant to the appellate order, the petitioner submitted a representation dtd. 10/1/2018 along with a copy of the appellate order requesting issuance of the licence. The matter was thereafter sent for verification. After a detailed verification process conducted between January 2018 and July 2018 by the local police authorities, the Deputy Commissioner of Police, Ballabhgarh, vide recommendation dtd. 11/7/2018, forwarded a favourable report recommending grant of the arms licence to the petitioner. The verification reports recorded that the petitioner was a person of good conduct, had no criminal antecedents, and had applied for the licence for self- defence in view of threats to his life.