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crwp502.20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO.502/2020

Pravin s/o Bhaskarrao Borkute .vs. State of Maharashtra through its

Secretary and Others.

_______________________________________________________________________

Office Notes, Office Memoranda of Coram,

appearances, Court'

s orders of directions

Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Mr. A. A. Mardikar, Advocate for petitioner.

Mr. T. A. Mirza, A.P.P. for respondents.

CORAM : V.M. DESHPANDE AND AMIT B. BORKAR, JJ.

DATED : AUGUST 27, 2021

Heard Mr. Mardikar, learned Advocate for

petitioner.

By the present petition, the petitioner is challenging

order dated 08.03.2013, issued by respondent no.1 and

also order dated 02.03.2012 issued by respondent no.3.

According to the petitioner, on the date of passing of the

order, the petitioner was convicted for the offence

punishable under Section 302 of the Indian Peanl Code.

He submits that in January-2020, the appeal filed by the

petitioner is allowed and the petitioner is acquitted of the

charge under Section 302 of the IPC. He, therefore,

submits that exercise of power by respondent nos. 1 and 3

is bad and illegal.

After careful consideration of the impugend order,

we are of the considered view that on the date of passing

of the order, the authority was justified in cancelling the

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crwp502.20.odt

license on the basis of the material available with it. The

subsequet event of acquittal would certainly weigh with

the authority if the petitioner prays for arms license after

passing of the order of acquittal.

In that view of the matter, the petitioner will have

to file fresh application for grant of license.

We, therefore, dispose of the present petition with a

clairification that if the petitioner applies for grant of

license under the provisiosn of the Arms Act, the licensing

authority shall take into consideration the event of

acquittal of the petitioner of the offence punishable under

Section 302 of the IPC and shall pass the order, in

accordance with law.

With the above clarification, the writ petition is

disposed of.

JUDGE

JUDGE

kahale