Rajasthan High Court - Jodhpur
Dhokal Ram vs . State Of Rajasthan & Ors. on 12 March, 2015
Author: Sangeet Lodha
Bench: Sangeet Lodha
1
DHOKAL RAM VS. STATE OF RAJASTHAN & ORS.
(S.B.CIVIL WRIT PETITION NO.6501/10)
Dated:- 12.3.15.
HON'BLE MR.JUSTICE SANGEET LODHA
Mr. J.R.Choudhary, for the petitioner.
None present for the respondents.
1. This writ petition is directed against order dated 24.6.09 of Divisional Commissioner, Ajmer, whereby an appeal preferred by the petitioner u/s 18 of Arms Act against the order dated 30.8.08 of District Magistrate, Nagaur, refusing to renew the arms license of the petitioner and suspending the same, stands rejected.
2. The petitioner was granted arms license by the District Magistrate in the year 1995 for a gun. The license was renewed time to time, which was valid upto 31.12.07. The petitioner applied for renewal of the license by way of an application preferred before the Sub Divisional Magistrate, Nagaur. After obtaining the report from Station House Officer, Police Station, Khinwsar, the Sub Divisional Magistrate forwarded the matter to the District Magistrate, Nagaur. Keeping in view the pendency of a criminal case against the petitioner for offence under Section 447/34 IPC, the District Magistrate refused to renew the license and while suspending the same, directed the petitioner to deposit the arms at Police Station, Khinwsar. Aggrieved thereby an appeal preferred by the petitioner stands dismissed by the Divisional Commissioner, Ajmer by the order impugned. Hence, this petition.
3. Learned counsel for the petitioner contended that the petitioner 2 has already been acquitted of the charges vide judgment dated 17.9.08 passed by the Additional Chief Judicial Magistrate, Nagaur in Criminal Case No.392/07 and therefore, the Divisional Commissioner was not justified in dismissing the appeal preferred by the petitioner. Learned counsel submitted that the pendency of a criminal case against a license holder cannot be a ground for refusing the renewal. In support of his contention, learned counsel has relied upon a Bench decision of this court in the matter of "State & Ors. vs. Sahab Ram", 2011 WLC(Raj.)(UC) 230.
4. A reply to the writ petition has been filed on behalf of the respondents. The stand of the respondents is that the petitioner was found indulged in commission of the offence, may be that he has been acquitted of the charges levelled but looking to his conduct, the possibility of arms being misused cannot be ruled out and therefore, rejection of the application preferred by the petitioner for renewal of the license cannot be faulted with.
5. It is to be noticed that the license was issued in favour of the petitioner in the year 1995 and the same was renewed time to time upto 31.12.07. It is not the case of the respondents that the petitioner has ever misused the arms, license whereof was issued to him by the competent authority. Indisputably, in the criminal case registered, the petitioner stands acquitted by the court of competent jurisdiction vide judgment dated 17.9.08, which is placed on record as Annexure 2. It is not the case of the respondents that after registration of the criminal case against the petitioner as aforesaid, he has indulged in commission of the crime. Thus, the apprehension of the respondent authorities that 3 if the license is renewed , the arms may be misused by the petitioner, is ill founded. Thus, taking into consideration the totality of the facts and circumstances of the case, this court is of the opinion that the Licensing Authority was not justified in refusing the renewal of the arms license existing in the name of the petitioner for last about 12 years.
6. In view of the discussion above, the writ petition is allowed. The order impugned dated 24.6.09 of the Divisional Commissioner, Ajmer and order dated 30.8.08 of District Magistrate, Nagaur are quashed. The District Magistrate, Nagaur is directed to consider the petitioner's application for renewal of the arms license afresh, uninfluenced by the fact that a criminal case was registered against him in the year 2007 as aforesaid. The application for the renewal of the license shall be decided expeditiously, in any case, within a period of two months from the date of this order. No order as to costs.
(SANGEET LODHA),J.
Aditya/-