Rajasthan High Court - Jodhpur
Najir Mohammed vs State & Ors on 28 November, 2016
1
IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN AT JODHPUR
S. B. WRIT MISC. APPLICATION NO. 195/2016
Najir Mohammed son of Shri Shafi Mohammed, by
caste Musalman, aged about 52 years, resident of
Peethalwadi - Kala, Tehsil - Chhotisadri, District
Pratapgarh
----Petitioner
Versus
1. State of Rajasthan through the Home Secretary,
Department of Home, Government of Rajasthan,
Jaipur
2. The Divisional Commissioner, Udaipur
3. The District Collector - cum - Magistrate,
Pratapgarh
----Respondents
__________________________________________
None present for the parties.
__________________________________________
HON'BLE MS. JUSTICE NIRMALJIT KAUR
ORDER
28/11/2016 While considering the Order dated 10.11.2016 passed in S.B. Civil Writ No. 8148/2013, it came to 2 light that due to oversight, a wrong para has been quoted from the judgment rendered in the case of Khem Singh Vs. The State of Rajasthan & ors. reported in 2005(2) Cr.L.R. (Raj.) 907.
Accordingly, the present corrigendum is being issued for correction of the error to the effect that instead of Para 3 of the judgment rendered in the case of Khem Singh (supra), Para 5 of the said judgment requires to be reproduced. The Para 5 of the said judgment reads as under :-
"5. From the reading of the provision it is manifest that the licensing authority may revoke a license if it deem necessary for the security of the public peace or for public safety. The power of suspension of Arms license is necessary concomitant of power of revocation for effective control and regulation as also for the security of the public peace or public safety. Such a power has to be exercised with great circumspection. The satisfaction of the authority has to be objective and must be based upon relevant material. Mere fact that some reports have been lodged against the license holder is not sufficient for cancelling the license. A license can be revoked u/s. 17(3)(b) if the licensing authority deem it necessary for the security of public peace or public safety. In absence of any finding that cancellation was necessary for public peace or public safety, such an order is liable to be quashed."
It is, therefore, directed that instead of Para 3 of the judgment rendered in the case of Khem Singh 3 (supra) as quoted in the Order dated 10.11.2016 be now replaced with Para 5 as above. The necessary corrections be carried out in the Order dated 10.11.2016.
The misc. application stands disposed of as above.
(NIRMALJIT KAUR),J.
Inder/35