Petitioner challenged the cancellation and suspension of her arms licence due to her husband being a proclaimed offender. The court found no illegality or perversity in the impugned orders and dismissed the writ petition as lacking merit.
The writ petition was dismissed with no merit found in the challenge to the impugned orders.
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.
CWP No.2912 of 2012
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.2912 of 2012
Date of decision: 16.2.2012
Sunita Godara
-----Petitioner
Vs.
State of Haryana and others
----Respondents
CORAM:- HON’BLE MR. JUSTICE AJAY KUMAR MITTAL
Present:Mr. K.S.Godara, Advocate for the petitioner.
Ajay Kumar Mittal,J .
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CWP No.2912 of 2012
before respondent No.2 -The Commissioner, Hisar Division, Hisar. Respondent No.2 disposed of the appeal by suspending the licence instead of cancelling the same vide order dated 15.12.2010, Annexure P.2. Hence the present writ petition.
“After listening the preliminary argument of the counsel for the appellant and after observing the facts came on the file, I have come to this decision that whether there is no complaint against the behaviour of the appellant, but her husband is a Proclaimed Offender who is still fugitive. Therefore, he can misuse the weapon of the appellant on getting a chance at any time. So until her husband does not surrender before the police or he would not be arrested by the police, till then the orders are being given to suspend the Arms Licence of appellant instead of cancellation. When the husband of the appellant surrenders before the police or he may be arrested by the police then the appellant shall be at liberty to restore her Arms Licence after giving the application. The decision of the appeal is being effected as explained above. Record of the lower court be sent back.”
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CWP No.2912 of 2012
February 16, 2012 (Ajay Kumar Mittal) 'gs' Judge
1 issue framed by the court
Whether the cancellation/suspension of the petitioner's arms licence based on her husband being a proclaimed offender warrants interference under Article 226 of the Constitution of India.
Sunita Godara
State of Haryana and others
AJAY KUMAR MITTAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
