Rajesh Sharma v. State Of Punjab And Others

CWP-3564-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (103) CWP-3564-2024 Date of decision:- 13.11.2024 Rajesh Sharma

...Petitioner

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present: Mr. Vipul Babuta, Advocate for the petitioner.

Ms. Amrita Garg, Assistant Advocate General, Punjab. ...

SUVIR SEHGAL, J. (Oral) 1.

By way of present writ petition filed under Section 226/227 of the Constitution of India, petitioner has approached this Court inter alia for issuance of a writ in the nature of mandamus directing the respondents to renew Firearms Licence No.6013/DM/LDH/DIV8/August-2009. 2.

Counsel for the petitioner submits that arms license issued to the petitioner was valid till 02.08.2012, and after its expiry, petitioner applied for its renewal. He submits that as the petitioner was named as an accused in three criminal cases, his license was cancelled vide order dated 04.03.2014. Counsel asserts that petitioner has submitted an application on 12.01.2024, Annexure P1, for the renewal of the arms license, which is not being attended to. 3.

A short reply by way of affidavit of ACP, Civil Lines, Ludhiana, has been filed, in compliance of order dated 10.07.2024, passed by this Court, PARDEEP NAUTIYAL 2024.11.14 10:23 I attest to the accuracy and authenticity of this order/judgment.

CWP-3564-2024 -2wherein it has been submitted that the petitioner has been acquitted in two criminal cases and he has not been arraigned as an accused in the third criminal case. However, the affidavit is silent regarding the application for renewal, claimed to have been submitted by the petitioner. On instructions from ASI, Gurmail Singh, State counsel submits that the application, Annexure P-1, is not in the prescribed format.

4.

Be that as it may, since the petitioner claims that he has applied for renewal in January, 2024, and claims that the application is not being attended to, a direction is issued to the Licensing Authority, to consider the application submitted by the petitioner in the format prescribed under the Arms Rules, 2016, and pass an appropriate order thereon, within a period of four months, from the date of communication of a copy of this order. 5.

It is clarified that in case, the application for renewal has not been submitted as per the Rules along with requisite fee and document(s), no action required to be taken by the Licensing Authority. 6.

Writ petition is disposed of.

(SUVIR SEHGAL) JUDGE 13.11.2024 Pardeep Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No PARDEEP NAUTIYAL 2024.11.14 10:23 I attest to the accuracy and authenticity of this order/judgment.