Imtiyaz Shikandar Momin v. District Officer, Sangli And ORS

1 / 2 910-WP-2478-17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2478 OF 2017 Imtiyaz Shikandar Momin .... Petitioner versus District Officer, Sangli & Ors.

... Respondents .......

• Mr.S. V. Sadavarte, Advocate for the Petitioner. • Mrs.P. P. Shinde, APP for the State/Respondent. CORAM : R. M. SAVANT & SARANG V. KOTWAL, JJ.

DATE : 25th APRIL, 2018.

P.C. :

1.

The Application for Arms License made by the Petitioner was rejected by the Licensing Authority by order dated 28/09/2012. The said order was confirmed by the Appellate Authoriry i.e. the Divisional Commissioner, Pune Division, Pune, by the impugned order dated 22/10/2014. 2.

The above Petition has been filed on 15/06/2017. Having regard to the reasons mentioned by the Licensing Authority as well as the Appellate Authority, we do not deem this a fit case to exercise our writ jurisdiction at this point of Nesarikar

2 / 2 910-WP-2478-17.odt time. The learned Counsel for the Petitioner Mr.S.V. Sadavarte, however, points out that during the pendency of the above Petition and after the order was passed by the Appellate Authority, the Petitioner was grievously assaulted on 10/08/2017, in respect of which he has lodged an FIR with the Islampur Police Station.

3.

If that be so, it would be open for the Petitioner to make a fresh application to the Licensing Authority for grant of the Arms License mentioning the change in circumstances, which have occurred since passing of the order passed by the Appellate Authority. If any such application is made by the Petitioner, needless to state that the Licensing Authority would consider the same in accordance with the rules and regulations and would also not be influenced by the earlier rejection. 4.

With the directions as aforesaid, the Writ Petition is disposed of.

(SARANG V. KOTWAL, J.) (R. M. SAVANT, J.)