Allowed

Visheshwar Sharma v. The State Of Bihar and Ors.

Patna HC20 Jun 2016CWJC/7747/2016

Case brief

AI extract

What is this about?

In this writ petition, the High Court of Patna allowed the application and quashed the order rejecting a firearm licence on grounds of missing threat evidence. Relying on Manish Kumar, the court remitted the matter to the licensing authority for a fresh decision within three months.

What did the court decide?

Impugned order quashed, matter remitted to District Magistrate-cum-Licensing Authority to decide the application on merit within three months.

Visheshwar Sharma Vs The State Of Bihar and Ors. — Civil Procedure and Limitation | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.7747 of 2016

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=========================================================== 1. Visheshwar Sharma S/o Late Ramashray Sharma, Village- Neema, P.S.- Kalpa (O.P.) at present South Daulatpur, P.S.- Jehanabad, District- Jehanabad. .... .... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2. The District Magistrate, Jehanabad. 3. The District Arms Magistrate, Jehanabad. 4. The Superintendent of Police, Jehanabad. 5. The Sub-Divisional Officer, Jehanabad. 6. The Officer-in-charge, Kalpal (O.P.) Jehanabad.

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.... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Respondent/s : Mr. Mritunjay Kumar Jha, AC to SC3 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 20-06-2016

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Heard the parties.

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This is yet another case in which the application for grant of firearm licence has been rejected on the ground that no evidence regarding specific threat perception upon the petitioner could be produced.

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This issue no longer res integra in view of the decision rendered in Manish Kumar v. State of Bihar and others and other analogous cases(2015(4) Patna Law Journal Reports 212) holding that lack of production of evidence regarding threat perception does not form a ground for rejection of firearm licence.

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Accordingly, this writ application is allowed, the impugned

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Patna High Court CWJC No.7747 of 2016 dt.20-06-2016

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order is quashed and set aside and the matter is remitted to the District Magistrate-cum-Licensing Authority, Jehanabad, i.e., respondent no. 2, to take a decision upon the application of the petitioner on its own merit and in accordance with law within a period of three months from the date of receipt/production of a copy of this order and also after considering the ratio decided in Manish Kumar(supra) .

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(Dr. Ravi Ranjan, J)

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SC/-

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AFR/NAFR NAFR CAV DATE NA Uploading Date21-06-2016 Transmission NA Date

Visheshwar Sharma v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Visheshwar Sharma v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

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