Arms License Can't Be Canceled On Mere Registration Of FIR : Patna High Court Reiterates
The Patna High Court has reiterated that mere registration of a First Information Report (“FIR”) against a person cannot be a ground to cancel his/her Arms License.
The bench comprising Justice Mohit Kumar Shah heard a case where the petitioner's arms license was canceled by the District Magistrate, Supaul after finding that an FIR was registered against the petitioner. According to the DM, registration of FIR amounts to the pendency of a criminal case against the petitioner making him ineligible to hold an Arms License.
Rejecting the DM's contention, the Court held that mere registration of an FIR cannot be termed as pendency of a criminal case when no judicial note of the offence was taken by the judicial magistrate.
“As far as Issue No. 3, i.e regarding pendency of Sachiwalaya Patna (SC/ST) P.S. Case No.13 of 2023, is concerned, neither chargesheet has been filed by the police nor cognizance has been taken by the learned Trial Court, hence this Court finds that the same would not be a disqualification for the purposes of holding an Arms license, in view of the well settled law that in case neither the chargesheet has been filed by the police nor cognizance of the offences has been taken by the learned Magistrate, it cannot be said that judicial notice of an offence has been taken by a Magistrate and the learned Magistrate has decided to proceed against the person accused of having committed that offence, as alleged, hence, it cannot be said that a criminal case is pending as against the petitioner.”, the court said.
Reference was drawn to the case of Mewa Lal Choudhary Vs. The Union of India (2019) where the Patna High Court on similar lines termed the decision of the passport authority to impound the passport on mere registration of an FIR as illegal and arbitrary.
“Having regard to the law laid down by the Hon'ble Apex Court in a catena of judgments, as aforesaid, this Court is of the view that since neither the charge sheet has been filed by the police nor cognizance of the offence has been taken by the learned Magistrate in the aforesaid pending Sabour P.S. Case No. 35 of 2017, it cannot be said that a criminal case is pending as against the petitioner herein so as to warrant impounding of the passport of the petitioner under Section 10 (3)(e) of the Passport Act, 1967, hence on this ground as well, the impugned order dated 24.10.2017 is liable to be quashed and is accordingly set aside.”, the court said in Mews Lal Choudhary.
Accordingly, the Court held that mere pendency of the aforesaid criminal case, against the petitioner, would not entail cancellation of the Arms license of the petitioner.
Accordingly, the Petition was allowed.
Appearances:
For the Petitioner/s : Mr. Ashish Giri, Advocate
For the Respondent/s : Mr. Standing Counsel (12)
Case Title: Sunil Kumar Sinha vs. The State of Bihar & Ors., Civil Writ Jurisdiction Case No. 108 of 2024