Important Point—Mere fact that some reports have been lodged against licence holder is not sufficient for canceling arms licence.

W.P. No. 25177 of 2012 :

1. These writ petitions are filed by the petitioners, who are the father and son, against the proceedings in C.No.408/MC/2011-12 and C.No.407/MC/2011-12, dated 23-06-2012, wherein and whereby the 2nd respondent refused to renew the Arms licence Nos.187/2/VSP, 45/2003/VSP of the petitioners respectively and also cancelled the said licenses. As such, both writ petitions are being disposed of through common order.

2. The brief facts which are necessary for disposal of the writ petitions are that the petitioner in WP. No. 25177/2012 was granted Arms licence No.187/2/VSP and the same was renewed by the 2nd respondent from time to time and there was not even any single report against the petitioner in respect of the same. It is stated that the petitioner obtained Arms licence as he had threat due to property disputes among the petitioner and his brothers. In view of grenades attack on the petitioner, a criminal case was registered against his brother and his son-in-law and the petitioner obtained licence for protection in the year 1964 and the same was renewed from last 48 years and the petitioner is in possession of revolver in pursuance to the arms licence and the same was renewed till 31-12-2011. As such, the petitioner made application in December, 2011 for renewal of said licence for further period of three years beyond 31-12-2011. The 2nd respondent rejected renewal of licence vide proceedings C.No.408/MC/2011-12, dated 23-06-2012 basing on the report submitted by Inspector of Police, II Town Police Station, Visakhapatnam City on the ground that three cases were registered against the petitioner and his son who is the petitioner in other writ petition and thereafter, the 1st respondent issued show-cause notice dated 07-07-2012 for cancellation of licence on the ground that petitioner is involved in three cases, which were registered against him under Sections 498-A, 324, 342 IPC. On that the petitioner filed explanation to the same. But without considering the same, by order dated 19-09-2012 cancelled arms licence on the self-same ground that the petitioner involved in three criminal cases, though there is no adverse report against the petitioner that he is misusing the licence.

WP.No.25169 of 2012:

3. The petitioner in this case is son of the petitioner in WP.No.25177 of 2012 and his case is that he was also granted arms licence vide Licence No.45/2003/VSP as he has life threat from the brothers of his father and son-in-law of his brothers father and there was attack in the year 1980 with hand made grenades and a criminal case was registered against the petitioners uncle and his son-in-law. In pursuance to the same, the petitioner was in possession of the revolver and said licence was renewed from time to time till 31-12-2011. When the petitioner made application for renewal of licence and the same was rejected on the self-same grounds as in another writ petition and the petitioner was also issued show-cause notice and for the self-same grounds in the other writ petition, his licence was cancelled. Aggrieved by the same, the present writ petitions are filed.

4. After the writ petitions are filed, order cancelling the arms licence was passed and writ petitions were accordingly amended.

5. Counter affidavit is filed by the 2nd respondent in both writ petitions reiterating the grounds of rejection of renewal and cancellation of licence stating that the petitioners involved in three criminal cases in Cr.Nos 66 of 2010 under Sections 498-A, 420, 376, 342, 506, 509 r/w.34 IPC (pending vide PRC.No.10 of 2010) and Cr.No.70 of 2010 under Section 498-A IPC pending trial vide C.C.No.1298/2010 and also Cr.No.72/2010 under Sections 498-A, 506, 323 r/w.34 IPC. All the three cases are pending due to interim orders granted by this Court and complainants in the above crimes are apprehending danger in the hands of the petitioners and if licenses of the petitioners allowed to be continued, it will result in threat to t