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Judgment
Sanjay Yadav, J
The Public Interest Litigation at the instance of present petitioner claiming himself to be President of Dalit Panther Social Organization, fighting against corruption and for those who are unable to fight for their right to the sovereign, has filed this petition, seeking following directions :
(i) This Hon'ble Court may be pleased for issuing writ of mandamus/certiorari and call the entire records related grant of fire arm licence and 30000 cartridges to the respondents No.3 and 4.
(ii) To issue appropriate orders and directions for initiating the criminal case against respondents No.3 and 4 under Section 30 of the Arms Act, 1959 and also direct the respondent No.2 to recover and seize 30000 cartridges.
(iii) To issue a direction to the competent authority to initiate appropriate legal/departmental proceedings of those officers or responsible authorities who were recommended for the grant of licence and cartridges to the private respondents and who did not initiate any recovery of 30000 cartridges even after cancellation of arms licence.
(iv) Any other relief/s, order/s, direction/s this Hon'ble Court deems fit and proper looking to the facts and circumstances of the case may also be allowed in favour of the petitioner.
(v) To quash or set aside the order dated 14.10.2014 passed by the Divisional Commissioner Bhopal, Division Bhopal in Case No.95/Appeal/2013-14 Nishat Khan vs State of Madhya Pradesh and Case No.93/Appeal/2013-14 Shad Khan vs State of Madhya Pradesh.
When the matter was taken up today, it is submitted on behalf of the respondents that the petitioner having been found guilty for an offence under Section 376(2) of IPC has since been convicted for 14 years R.I. vide judgment dated 28.03.2019 passed by 23th Additional Sessions Judge, Bhopal in Sessions Trial No.153/2017 cannot be said to be a public-spirited person as has been claimed by him in the petition. Copy of the judgment is placed on record.
It is further submitted on behalf of the respondents No.3 and 4 that in respect of the allegation regarding the offence registered against said respondents, they have been acquitted of the charges under Sections 2(2), (16) read with 9, 39 & 51 of the Wild Life (Protection) Act, 1972 vide order dated 22.09.2016 passed by Judicial Magistrate First Class, Sehore (M.P.) in Criminal Case No.704/2014. The copy whereof is also brought on record.
Taking into consideration these factual aspects, we do not perceive that present petition can be said to be in the public interest, as would warrant any indulgence.
Consequently, the petition fails and is dismissed. No costs.