The High Court held that dismissing an arms licence application due to an absent police report was attributable to official lapses. The court directed the licensing authority to reconsider the application within two months of receiving the report.
The petitioner directed to reconsider the application within two months of receipt of the police report.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.2227 of 2010
1. BRAJESH MISHRA S/O SRI GOPAL MISHRA R/O MOHALLA- EAST ASHOK NAGAR, ROAD NO.14, P.S.- KANKARBAGH, DISTT.- PATNA
Versus
1. THE STATE OF BIHAR
2. THE DISTRICT MAGISTRATE PATNA
3. THE DISTRICT ARMS MAGISTRATE
4. THE D.G.P. BIHAR, PATNA
5. THE SENIOR SUPRINTENDENT OF POLICE PATNA
6. THE CITY S.P. PATNA
7. THE S.D.P.O. PATNA SADAR, PATNA
8. THE S.H.O. CUM INSPECTOR KANKARBAGH POLICE STATION, PATNA
For the Petitioner: Mr. Rajendra Kr. Jain, Adv.
For the State: Mr. A. Amanullah, G.A.-4.
Mr. Arun Kr. Pd., A.C. to G.A.4.
----------- 2/ 18/04/2011 Heard learned counsel for the petitioner and
learned counsel for the State.
The petitioner is stated to have applied for an
arms licence. It was kept pending awaiting police report.
On passage of sufficient time, the District Magistrate has rejected it on 23.10.2009 as the police report was not forthcoming. It appears from the counter affidavit that subsequently the police report has been made available on 23.11.2009 though after the rejection.
The Court does not concur with the submission
on behalf of the State that the petitioner may apply afresh in that light. If the rejection was on the aforesaid ground
only and was attributable to official lapses, the petitioner cannot be saddled with the burden. Subject to no other objection in law being there let the licensing authority now consider his application in light of the received police report preferably within a maximum period of two months from the date of receipt/production of a copy of this
2
order.
The writ application stands disposed.
( Navin Sinha, J.)
KC
1 issue framed by the court
Whether the petitioner can be directed to reconsider his arms licence application in light of an official lapse causing delay in the police report.
1 provisions across 1 enactments
BRAJESH MISHRA S/O SRI GOPAL MISHRA
THE STATE OF BIHAR
THE DISTRICT MAGISTRATE PATNA
THE DISTRICT ARMS MAGISTRATE
THE D.G.P. BIHAR, PATNA
THE SENIOR SUPRINTENDENT OF POLICE PATNA
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court