Gujarat High Court
Ibrahim Sulamanbhai Kadiwala vs State Of Gujarat on 17 August, 2022
Author: A. S. Supehia
Bench: A.S. Supehia
C/SCA/7575/2016 ORDER DATED: 17/08/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7575 of 2016
With
R/SPECIAL CIVIL APPLICATION NO. 7597 of 2016
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IBRAHIM SULAMANBHAI KADIWALA
Versus
STATE OF GUJARAT & 2 other(s)
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Appearance:
MR SANDIP M PATEL(5649) for the Petitioner(s) No. 1
MR HARDIK MEHTA, APP for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 17/08/2022
COMMON ORAL ORDER
1. At the outset, learned advocate Mr. Sandip M. Patel appearing for the petitioners has submitted that the petitioners were denied the renewal of the licence of firearms in view of the offences registered against them under the provisions of Sections 143, 147, 148, 149, 326, 323, 504, 506(2), 427 of the Indian Penal Code, 1860 and Section 135 of the Gujarat Police Act.
2. Learned advocate Mr. Sandip M. Patel appearing for the petitioners has submitted that the said F.I.R. No.140 of 2012 culminated into Sessions Case No.51 of 2015 and the petitioners, who were arraigned as an accused Nos.2 and 8 have been acquitted by the judgment and order dated 30.03.2021 by the learned Trial Court in Sessions Case No.51 Page 1 of 3 Downloaded on : Thu Aug 18 20:19:54 IST 2022 C/SCA/7575/2016 ORDER DATED: 17/08/2022 of 2015. Thus, he has submitted that liberty may be reserved in favour of the petitioners to file a fresh application to the respondent-authorities and they may decide the application filed by the petitioners for renewal of the licence and the respondent-authorities may be directed to decide the same in light of the acquittal of the petitioners in the criminal offences.
3. Learned AGP Mr. Hardik Mehta appearing for the respondent-authorities has submitted that appropriate orders will be passed by the respondent-authorities as and when such application is made.
4. This Court has perused the impugned order passed by the respondents whereby the application of renewal of the Arms Licence of the petitioners has been rejected in view of the criminal offences registered against them in FIR No.140 of 2012 and the appeals, filed by the petitioners, were also rejected.
5. It is not in dispute that the petitioners are acquitted by the Trial Court vide judgment and order dated 30.03.2021 passed in Sessions Case No.51 of 2015.
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C/SCA/7575/2016 ORDER DATED: 17/08/2022
6. Under the circumstances, the impugned orders are quashed and set aside. The petitioners shall file a fresh application seeking renewal of the aforesaid licence before the respondent No.3. As and when such application is filed, the respondent No.3 shall decide the same in light of the provisions of Section 17 of the Arms Act, 1959. While deciding the application of renewal of the arms licence, the respondent No.3 is directed to keep in mind the acquittal of the petitioners in the criminal offence. As and when such application for renewal of licence is filed by the petitioners, the respondent No.3 shall decide the same within a period of three months from the date of receipt of such application.
7. With these observations, the petition stands disposed of.
(A. S. SUPEHIA, J) KUMAR ALOK Page 3 of 3 Downloaded on : Thu Aug 18 20:19:54 IST 2022