Bombay High CourtWP/207/2021disposed off

Vishnu @ Pappu S/O Dhanraj Advani v. State Of Mah. Thr. Pso Ps Kuhi Dist.Nagpur And 3 Others

2021-03-03Hon'Ble Shri Justice Sunil B. Shukre,Hon'Ble Shri Justice Avinash G. Gharote3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 207/2021 Vishnu @ Pappu s/o Dhanraj Advani, Aged 57 years, Occ.:- Business, R/o. Badkas Square, Nagoba Lane No.1, Mahal, Nagpur.

..... PETITIONER // VERSUS //

(1) State of Maharashtra through Police Station Officer, Police Station Kuhi, District - Nagpur.

(2) The Police Station Officer, Police Station Kotwali, Nagpur.

(3) The Deputy Commissioner of Police, (Headquarter), Nagpur.

(4) The Commissioner of Police, Nagpur City, Nagpur.

.... RESPONDENTS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R. M. Daga, Advocate for petitioner Ms H. N. Jaipurkar, for the respondents.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : SUNIL B. SHUKRE AND AVINASH G. GHAROTE, JJ.

DATED : 03/03/2021 ORAL JUDGMENT : (PER:- SUNIL B. SHUKRE, J.) 1] Heard Shri Daga, learned counsel for the petitioner and also

learned APP who appears by waiving notice.

2] Rule. Rule made returnable forthwith.

3] Heard finally by consent of the learned counsel appearing for the parties.

4] We find that there are two applications dated 2nd September 2020 and 23rd September 2020 made for renewal of the licence for revolver and which are still pending. We are of the view that these applications, irrespective of the fact that the order for cancellation of the licence has been passed on 25.03.2019 by the Deputy Commissioner of Police (Headquarter), Nagpur ought to have been decided by the authority having the power in the matter. But, they have not been so far decided.

5] We direct the authority having the power to grant renewal and also power of recall the order of cancellation of the licence regarding possession of revolver, to decide the applications in accordance with law, within a period of four weeks from the date of the order. The issue shall be decided by it on taking into consideration all relevant facts and circumstances of the case. 6] The petition is thus disposed of in the above terms, keeping all questions open. Rule accordingly.

7] Steno copy of the order be furnished to learned APP and she is requested to send a copy of the order to the Commissioner of Police, Nagpur for due compliance.

(AVINASH G. GHAROTE, J) (SUNIL B. SHUKRE J.) Sarkate.