HC allows plea in renewal of arms license case

Source: The Hitavada      Date: 06 Sep 2018 11:31:58



Legal Correspondent

A single bench of the MPHC comprising Justice, Vandana Kasrekar has allowed the petition filed by Rakesh Pandey and said that the order dated on March 31, 2015 and October 20, 2015 are hereby set aside and respondent Collector, Sidhi further directed to reconsider the petitioner’s application for renewal of the licence on its own merits without being influenced by reason for pendency and delay in filing the application. The said application be decided within a period of three months.
The petitioner, challenging the order dated on March 31, 2015 passed by respondent Commissioner, Rewa. The petitioner is resident of village Sagauni P.S. Rampur Naikin District Sidhi. He was issued an arms licence, which was valid upto December 31, 2014. The petitioner filed an application on March 31, 2015 for renewal of license along with an application for condonation of delay of two months and 12 days inter-alia explaining the reason for delay to be an account of facts that because of panchayat election, the licence was suspended and the gun was directed to be deposited in the police station. It is also stated that after the elections were over, the petitioner was busy in his daughter’s marriage solemnised on February 27, 2015 at Bhopal.

He, therefore, prayed for renewal of license with further prayer to condone the delay in making application for renewal. On the application submitted by the petitioner, the District Magistrate called Police Report in which SP Sidhi submitted information about pendency of one case against the petitioner for offence under Section 409/34 of IPC in Police Station Rampur Naikin registered under crime, therefore, a show cause notice was issued to the petitioner dated on September 28, 2015, the petitioner has filed reply dated October 7, 2015. In the reply, the petitioner has stated that so called criminal case was registered in the year 2006 when the petitioner had granted a licence in the year 2011.

He further stated that the said licence was renewed to the petitioner from 2011 to 2014, therefore, registration of said crime cannot be a ground for denying the renewal of licence. District Magistrate vide order dated on October 20, 2015 rejected the petitioner’s application for renewal
taking delay of two months and 12 days to be the main cause for making an application for renewal and also, on the ground that the criminal case is registered against the petitioner. Against the order dated on October 20, 2015, the petitioner preferred an appeal before respondent Commissioner, Rewa who by impugned order dated on March 31, 2016 has rejected appeal by affirming the order of Collector. Being aggrieved by that order, the petitioner has filed the present petition.