MOHD MASIHUDDIN KHAN Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to declare the action of the first respondent in issuing Memo No.37793/Arms/2012, dated 09.09.2017 whereby the request of the petitioner for renewal of arms licence No.170/Rein Bazar was rejected, by the first respondent.

(2.) The case of the petitioner is that the first respondent had rejected the application for renewal of Arms Licence based on the report submitted by the second respondent on the ground that the petitioner was involved in two criminal cases i.e., Crime No.205 of 2004 for the offences punishable under Sections 448, 342, 506 read with Section 34 of the Indian Penal Code, 1860 in P.S. Rein Bazar, Hyderabad, and Crime No.226 of 2009 for the offences punishable under Sections 147, 448, 427, 324 and 188 read with Section 34 of IPC. The petitioner claims that the two crimes which were considered by the 1st respondent authority have long over. It is stated that crime No.205 of 2004 has been compromised in Lok Adalat on 30.10.2008, while in Crime No.226 of 2009 the petitioner was acquitted on 04.01.2014. The said report while making reference to the above two cases further stated that though there are no adverse reports seen against the petitioner herein, it is stated that "he can misuse the weapon against rival persons".

(3.) Based on the said report of the second respondent, the first respondent herein by the impugned proceedings had rejected the request of the petitioner for revocation of his arms licence and renewing the arms licence for further period only on the sole ground that "he may misuse the weapon against the rival persons."