JAFFRUDIN Vs. STATE OF M. P.

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India is at the instance of petitioner being aggrieved by the order dtd. 25/06/2013 passed by Commissioner, Chambal Division, whereby the appeal against the order dtd. 18/12/2012 passed by the Collector, Sheopur, was dismissed. Further the petitioner is aggrieved by order dtd. 18/12/2012 passed by the Collector, Sheopur whereby the arms license No.120/DM/Sheopur, issued in favour of the petitioner was cancelled on the ground that he is a dreaded criminal and is involved in various criminal cases.

(2.) The facts as stated reveals that in the year 2002, the petitioner applied for grant of license and after considering the documents submitted and after conducting a detailed scrutiny license No.120/DM/Sheopur was issued to the petitioner. Thereafter, in the year 2004, on a recommendation by respondent No.4/Superintendent of Police that a criminal case No.50/2003 had been registered against the petitioner, respondent No. 3, the Collector cancelled the arms license. An appeal was preferred against the said cancellation by the petitioner before the Commissioner, Chambal Division, and vide order dtd. 11/03/2005 the matter was remanded back to the Collector, as it was passed without giving any opportunity of hearing to the petitioner.

(3.) After remand Collector called a representation from the Superintendent of Police, which was received on 05/02/2008, wherein recommendation was not made for grant of license on the ground that in the criminal case there was an acquittal of the petitioner on the ground of compromise, which cannot be termed as a clean acquittal and since he had a criminal background.