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RAVI MALIMATH, PURUSHAINDRA KUMAR KAURAV
SUNEEL KUMAR SINGH S/o BALENDRA SINGH – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
ORDER : – This intra Court appeal takes exception to order dated 4-2-2021, passed by the learned Single Judge in Writ Petition No. 3760 of 2019, whereby, petition preferred by appellant-petitioner, has been dismissed.
2. The facts of the case are that appellant applied for the licence of Pistol/Revolver under the provisions of The Arms Act, 1959 (for short the “Act of 1959”) read with The Arms Rules, 2016 (for short the “Rules of 2016”). His case was positively recommended by the Collector and Superintendent of Police of the concerned district. Thereafter, the recommendations were forwarded by the Commissioner Rewa, Division Rewa to the State Government vide letter dated 22-2-2018. The State Government vide order dated 22-9-2018 rejected the application of the appellant in exercise of powers under section 14(1)(b)(i) of the Act of 1959. The appellant, therefore, approached this Court. The learned Single Judge did not find any substance in the writ petition and, therefore, dismissed the same. Hence, the appellant is in the instant intra Court appeal.
3. Learned counsel for the appellant submits that rejection of his application on the ground that there was no threat to the appellant
The discretionary powers of the licensing authority under section 13 and the mandatory refusal of licences under section 14(1)(b)(ii) for the security of public peace or safety.
The main legal point established in the judgment is that the reasons for refusal of an arms licence must align with the grounds specified in Section 14(1) and (3) of the Arms Act, and statutory provi....
Threat perception is not a requirement for granting an arms license under the Arms Act.
Point of Law : Perverse or an illegal decision of the authority can be judicially reviewed.
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