Acquittal--Once the petitioner has been acquitted, whether on the basis of a compromise between the parties or otherwise, his acquittal has the effect of being not involved in that case.

Mr. Rakesh Kumar Jain, J.: (Oral)- The petitioner has challenged the order dated 05.6.2013,passed by Addl. Deputy Commissioner, Mansa, dismissing the application of the petitioner for renewal of his arms license and order dated 25.9.2013 passed by the Commissioner, Ferozepur Division, by which appeal filed by the petitioner.

2. In brief, the petitioner was holder of an arms license bearing No.1148/D.M, SP Mansa of .12 bore Double Barrel Gun bearing No.30843- 02 for a period of six years. The said license was suspended as the petitioner was involved in a criminal case registered against him vide FIR No. 92 dated 03.6.2008 under Sections 341, 506, 323,427/34 IPC at Police Station, Sadar Mansa. The petitioner was acquitted by the Court of Addl.C.J.M, Mansa, vide order dated 13.8.2009. Thereafter, he filed an application for renewal of the license before the District Magistrate, Mansa, which was dismissed on 05.6.2013 on the ground that since the petitioner was involved in a criminal case in which he has not been honourably acquitted, therefore, license cannot be renewed/restored.

3. In the appeal, the respondents took another stand that the petitioner has been roaming around with his gun, causing serious threat to the public at large and on this report of the police, the license has been cancelled.

4. Learned counsel for the petitioner has argued that there is no evidence/complaint against the petitioner of intimidating anyone while carrying fire arm all the time. He has further submitted that the petitioner has been discriminated by the respondents as the arms license No. 1110/DM, P.S.Mansa of Gurcharan Singh son of Inder Singh, who was co-accused with the petitioner in the aforesaid FIR has been renewed after acquittal, but insofar as the case of the petitioner is concerned, his license No.1138/DM has not been renewed on the recommendation of SSP, Mansa.

5. Beside this, it is submitted that once the petitioner has been acquitted, whether on the basis of a compromise between the parties or otherwise, his acquittal has the effect of being not involved in that case. In this regard, learned counsel for the petitioner has relied upon two judgments, in the cases of Krishan Chand Vs. State of Punjab, 2003 (1) R.C.R. (Criminal) 166 and Mangal Singh Vs. The Additional Commissioner, Ferozepur Division, 2003 (4) R.C.R.(Criminal ) 422.

6. He has further submitted that the respondents, in order to get the case of the petitioner dismissed, has even wrongly translated the order dated 13.4.2013, in which in the English translation, the petitioner is stated to have been convicted whereas in the vernacular, it is rightly mentioned that he has been acquitted.

7. Learned counsel for the respondents has submitted that it was a case of an error, otherwise, there was no intention on the part of the District Magistrate to mislead this Court. It is further submitted that since the petitioner has not been honourably acquitted, beyond all doubts by the Court and the acquittal has been earned by way of compromise between the parties, his license has rightly not been renewed by the competent authority. Moreover, the report of the police is that the petitioner carries the weapon with him without any reason which causes a threat to the public at large. Therefore, the report has been made by the S.P Mansa not to allow the renewal of his license.

8. I have heard learned counsel for the parties and perused the available record with their assistance.

9. Provisions relating to licenses are given in Chapter III of the Act. Section 13 deals with the Grant of licenses; Section 14 deals with refusal of licenses; Section 15 deals with duration and renewal of license and Section 17 deals with variation, suspension and revocation of licenses. Section 17 (7) provides that “ a Court convicting the holder of a license of any offence under this Act or the rules made thereunder may also suspend or revoke the license, provided that if the conviction is set aside on a