IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE AMIT SETH WRIT PETITION No. 23574 of 2025 ASHOK SINGH RAGHUWANSHI Versus THE STATE OF MADHYA PRADESH -------------------------------------------------------------------------------------------------------------

Appearance:

Shri F.A.Shah – Advocate for petitioner.

Shri Yogesh Parashar – Government Advocate for the State.

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Reserved on : 15.01.2026 Delivered on : 20.01.2026 -------------------------------------------------------------------------------------------------

ORDER

1. With the consent of the parties, the matter is finally heard.

2. The instant writ petition was initially filed under Article 227 of the Constitution of India as M.P.No.4748/2023 which was permitted to be converted into a writ petition under Article 226 of the Constitution of India vide order dated 18.06.2025 and thereafter registered as W.P.No.

23574/2025.

3. The present writ petition under Article 226 of the Constitution of India takes exception to the order dated 20.03.2023 passed by the Divisional Commisisoner, Gwalior, whereby the appeal preferred by the petitoner against the order dated 29.10.2021 passed by the District Magistrate, Guna, on an application filed by the petitioner seeking restoration of his arms license has been dismissed.

4. The brief facts leading to filing the present writ petitoin are as under:

5. On account of the implication of the petitioner for offence under Sections 323, 294, 506-B, 447, 34 of IPC read with Section 25/27 of Arms Act, registered against the petitioner at Police Station Bajranggarh bearing Crime No.146/2006, and for offence under Sections 302 and 34 of IPC registered against the petitoner vide Crime No.126/2006 at Police Station Myana and looking to the fact that the petitioner remained obsconding for a long period of time, on being satisfied with the proposal submitted by the Superintendent of Police, Guna and taking into consideration that the petitioner being a habitual criminal, and looking to the security of public peace and public safety, cancelled the arms license of the petitionier vide order dated 17.10.2006.

6. The appeal preferred by the petitioner against the aforesaid order dated 17.10.2006 was dismissed by the Divisional Commissioner, Gwalior vide order dated 15.01.2010. Thereafter, the petitioner approached this Court as W.P.No.2908/2010 vide order dated 13.12.2010 on the ground that in the event of acquittal of the petitioner from the criminal case, he is entitled for revocation of the order of cancellation of his arms license, purportedly in terms of Section 17 (7) of the Arms Act, 1959. Looking to the fact that at the relevant time, the petitioner was not acquitted from all criminal cases, the writ petition filed by the petitoner was disposed vide order dated 13.12.2010 granting liberty to the petitioner to move appropriate application seeking revocation of order of cancellation of arms license before the District Magistrate, Guna and the authority was directed to pass appropriate order in accordance with Section 17 (7) of the Arms Act, 1959. The petitioner thereafter moved the District Magistrate, Guna, seeking revocation of order of cancellation of arms license and the District Magistrate, Guna, by taking into consideration the submissions advanced by the petitioner, the objections received from the Superintendent of Police, Guna, against the revocation of order of cancellation of the arms license of the petitioner and also looking to the fact that the petitioner has been subsequently involved in several criminal cases and on the said date, investigation against him in Crime No.663/2015 for offence under Sections 306 IPC enhanced Section 406 of IPC being pending rejected the applications submitted by the petitioner.

7. It appears that after the order of rejection being passed on 02.11.2016, the petitioner took no steps and, again move