202 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 19.05.2026 Pala Khan ...Petitioner Versus State of Punjab and others ...Respondents *****

CORAM: HON'BLE MR. JUSTICE DEEPINDER SINGH NALWA Present: Mr. Gulrej Khan, Advocate for the petitioner.

Mr. Amarpreet Singh Bains, AAG, Punjab.

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DEEPINDER SINGH NALWA, J. (Oral)

In the present writ petition, the petitioner is praying for issuance of a writ in the nature of certiorari for quashing/setting aside the order dated 21.05.2025 (Annexure P-4) passed by respondent No.2, whereby arms license of the petitioner has been suspended till the final decision of FIR No.191 dated 05.09.2020. The petitioner has also challenged the order dated 08.10.2025 (Annexure P-5) passed by respondent No.3- Divisional Commissioner, Faridkot, Punjab , i.e. the Appellate Authority, vide which the appeal preferred by the petitioner against the order dated 21.05.2025 (Annexure P-4), was dismissed.

2. The brief facts of the case are that the petitioner was granted an Arms License No. DM/BTI/DUP/NHWL/0915/14 on

18.10.2001 (Annexure P-1) by the office of respondent No.2. The validity of the said license was duly renewed from time to time. The arms license of the petitioner expired on 17.10.2024. Consequently, the petitioner submitted an application vide acknowledgment receipt dated 16.11.2024 for renewal of the said license. Upon the said application, a verification report was sought from the concerned Senior Superintendent of Police (SSP). The concerned SSP, vide letter dated 11.12.2024 reported that FIR No.191 dated 05.09.2020 was registered against the petitioner under Sections 21(1) and 4(1) of the Mines and Minerals (Development and Regulation) Act, 1957. Thereafter, a show cause notice dated 02.05.2025 was issued to the petitioner, to which the petitioner duly submitted reply/explanation and requested for renewal of the arms license. The petitioner was also afforded an opportunity of hearing and the contentions raised by him were duly considered by respondent No.2. However, respondent No.2, vide order dated 21.05.2025 (Annexure P-4), suspended the arms license of the petitioner till the final decision in FIR No.191 dated 05.09.2020. Thereafter, an appeal was filed by the petitioner against the abovesaid order dated 21.05.2025 (Annexure P-4), however, the same was dismissed vide order dated 08.10.2025 (Annexure P-5) passed by respondent No.3. Aggrieved against the impugned orders dated 21.05.2025 (Annexure P-4) and 08.10.2025 (Annexure P-5), the petitioner has approached this Court by way of the present writ petition seeking directions to the respondents for renewal of his arms license.

3. Learned counsel appearing on behalf of the petitioner submits that a perusal of the impugned order dated 21.05.2025 (Annexure P-4) would show that the only reason given by respondent No.2 for not renewing/suspending the arms license is solely on the ground that one FIR No.191 dated 05.09.2020 has been registered against the petitioner under Section 21 (1) and 4(1) of the Mines and Minerals (Development and Regulation) Act, 1957. He submits that mere registration or pendency of an FIR does not constitute a valid ground for denial of renewal of an arms license. In support of this contention, reliance has been placed upon the judgment passed by this Court in CWP No. 20627 of 2020 titled as Neeraj Jindal vs. State of Punjab and others, decided on 26.08.2022

4. On the other hand, learned State counsel submits that respondent No.2 has rightly suspended the arms license of the petitioner after taking into consideration the abovesaid FIR No.191 dated 05.09.2020 registered against the petitioner under the Mines and Minerals (Development and Regulation) Act, 1957. As such, in terms of sub-clause (b) of sub-Section (3) of Section 17 of the Arms Act, 1959, the licensing authority is empowered to suspend/revoke the arms license if it deems it necessary for the security of public peace or public safety. Accordin