Vishnu Swaroop Sharma vs State of M.P.

Sujoy Paul, J.—By filing this petition under Article 226 of the Constitution, the petitioner has challenged the orders Annexure P/1 and P/2. By order Annexure P/2, the District Magistrate on 13.1.2009 upheld the earlier order dated 22.1.2001. On 22.1.2001, the District Magistrate, Bhind, cancelled the arms licence of the petitioner. Learned counsel for the petitioner submits that the impugned orders are passed on the ground that certain criminal cases are still pending against the petitioner, but during pendency of this writ petition, the petitioner stood acquitted/exonerated from those criminal cases, and therefore, matter needs to be reconsidered. He relied on a judgment passed by this Court in W.P.No. 2550/2011.

I have heard learned counsel for the parties and perused the record.

This Court in W.P.No. 2550/2011 (Padam Singh Vs. State of M.P.& Ors.) remitted the matter back to the appellate authority to reconsider the matter and pass appropriate orders in view of subsequent events i.e. alleged exoneration from the criminal cases. This was done on the basis of an earlier judgment of this Court reported in 1999 (I) MPWN SN 188 (Jahar Singh v. State of M.P.).

The petitioner has filed the order passed in Criminal Case No. 377/05 dated 9.8.2011 to show that he is exonerated from Crime No. 129/05 which was taken into consideration for rejecting the appeal vide Annexure P/1.

In the aforesaid background, I deem it proper to follow the same course as held by this Court in Jahar Singh (supra) and followed in Padam Singh (supra). Consequently, I deem it proper to quash the appellate order dated 20.4.2009 (Annexure P/1) in the light of judgment of this Court in Jahar Singh (supra) and remit the matter to the appellate authority to reconsider it afresh. If it is found that the petitioner is acquitted from all the cases and such acquittal is of the nature which requires interference by the appellate authority and no other legal impediment is there to release the arms licence, the appellate authority shall pass appropriate orders. It is made clear that this Court has not expressed any opinion on the merits of the case. The appellate authority shall examine the judgments which will be filed by the petitioner alongwith this order with a prayer to re-look into the matter. The appellate authority will examine the orders passed in favour of the petitioner and pass appropriate orders in accordance with law within three months from the date of production of certified copy of this order.