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MILIND RAMESH PHADKE
Ashwini Kumar Sharma – Appellant
Versus
State of M. P. – Respondent
ORDER
1. The present petition under Article 226/227 of the Constitution of India is preferred against the order dated 5.2.2013 passed by the Commissioner, Chambal Division, Morena in Appeal No.9/2012 (Arms), wherein challenge was made to an order passed by the District Magistrate, District Bhind dated 31.7.2012, whereby he had rejected the application for renewal of arms license No.MP/BHD/1/254/2000B issued to the petitioner on the basis of non-recommendation by the Superintendent of Police (Bhind) vide letter dated 22.12.2011 and on the delay of 28 days in filing the application and while dismissing the appeal, the order of Collector has been affirmed.
2. Learned counsel for the petitioner submitted that during the pendency of trial against his minor brother the petitioner had moved an application for renewal of license in January, 2011. On the application, information was sought from the Superintendent of Police, who gave a wrong information that there is a case under section 307 of IPC and sections 25,27 and 30 of Arms Act. In fact, the case under section 30 of Arms Act against the petitioner, wherein he was acquitted vide judgment dated 25.5.2012 passed in case No.1204/09 and hi
The High Court will not entertain a writ petition under Article 226 when an adequate statutory remedy exists, requiring the petitioner to exhaust the appeal process under the Arms Act before seeking ....
The failure to observe principles of natural justice in the renewal process of an arms license warrants quashing of the refusal and a fresh consideration of the application.
Renewal of an arms licence can be denied based on public safety concerns and the applicant's criminal conviction, emphasizing the need for timely applications.
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