The High Court
Case Details
IN THE HIGH COURT OF ORISSA, CUTTACK W.P.(C) No.6413 of 2024 Kartick Kumar Misra ....... Petitioner -Versus- State of Odisha & others ....... Opp. Parties For Petitioner : Mr. A. Mishra, Advocate For Opp. Parties Additional Standing Counsel : Mr. B. Panigrahi, ---------------------------- CORAM: JUSTICE SANJAY KUMAR MISHRA ------------------------------------------------------------------------------------------- Date of Hearing & Judgment: 02.04.2024 ------------------------------------------------------------------------------------------- S.K. Mishra, J. This Writ Petition has been preferred with a prayer to renew the gun license of the Petitioner and release the gun in his favour immediately. 2.
Legal Reasoning
The brief background facts which led to filing of the present Writ Petition is that, the Petitioner is a licensed gun holder since the year 1979 and had obtaining the said license vide License No.62/March/K.W. Camp/Delhi corresponding to Arms License No.155/90/CTC. The said license was issued in favour of the Petitioner for possession of a BRNO Long Rifle MOD 2 Calibre .22 rifle, bearing Sl. No.183609 and he was diligently renewing the said license from time to time. 3. It is further case of the Petitioner that the said license was last renewed on 25.03.1998 and was valid till 31.12.2001. Thereafter, due to prolonged illness and death of the Petitioner’s father and financial crunch on his part, the Petitioner was compelled to take a job outside the country and due to medical and personal difficulties, the Petitioner was neither able to come to India for a long time, nor was able to renew the license on time. 4. It is further case of the Petitioner, during the process of relocating to Bahrain as an employee of the National Bank of Bahrain, unfortunately he misplaced the gun license and was unable to locate it until he finally came to India and after a lot of effort he was finally able to find it only in the year 2015. Thereafter, the Petitioner applied for renewal of his gun license along with all the requisite documents, which is pending since then. Thereafter, before the Assembly Election 2019, the Petitioner went to the local Police Station i.e. Madhupatna P.S., and voluntarily submitted the rifle to the custody of the Police in order to enable himself to apply to the authorities for renewal of his W.P.(C) No.6413 of 2024 Page 2 of 6 license and was ready and willing to pay for the penalties, that may be imposed. 5. It is further case of the Petitioner, on 09.09.2020 again he appeared before the Opposite Party No.3 i.e. Commissioner of Police, Police Commissionerate, Bhubaneswar-Cuttack and submitted a detailed representation to the effect that his case for renewal of license may be considered and the delay caused in filing application for renewal may be condoned, clearly indicating therein that he is ready and willing to pay the fees and penalties, as would be imposed against him. On being so approached, the Opposite Party No.3, considering the genuine predicaments faced by the Petitioner and his willfulness to bear the cost vide letter dated 28.10.2020, directed to the Opposite Party No.4 i.e. Deputy Commissioner of Police, Cuttack, to submit a fresh character antecedent report as well as health condition report so also any threat perception of the Petitioner. But no action has been taken till date for consideration of his application for renewal of his gun license because of non-submission of report, as called for by the Opposite Party No.3 i.e. Commissioner of Police, Police Commissionerate, Bhubaneswar-Cuttack. W.P.(C) No.6413 of 2024 Page 3 of 6 6. Reiterating the averments made in the Writ Petition,
Legal Reasoning
learned Counsel for the Petitioner submitted, a direction be given to the Opposite Party Nos.3 & 4 to act on the application of the Petitioner for renewal of his gun license within a stipulated period. 7. In response to the said submission made by learned Counsel for the Petitioner, Mr. B. Panigrahi, learned Additional Standing Counsel for the State/Opposite Parties submitted, as prescribed under Rule-24 of the Arms Rules, 2016, the application has to be filed in a prescribed form and to be processed in terms of the provisions prescribed under the Arms Act, 1959 so also rules made thereunder and there is no such averments made to the said effect in the Writ Petition that the Petitioner acted in terms of Rule 24 of Arms Rules, 2016. 8. In response to the said submission made by learned Counsel for the State/Opposite Parties, Mr. Mishra, learned Counsel for the Petitioner, drawing attention of this Court to the documents appended to the Writ Petition as at Annexure-1, submitted that the Arms Rules, 2016 came into effect in the year 2016 i.e. after submission of Application for renewal of his gun license in plain paper on 21.08.2015. On being so pointed out by the Authority concerned, again the Petitioner applied in the W.P.(C) No.6413 of 2024 Page 4 of 6 prescribed form on 07.05.2018, which was submitted before the Licensing Authority along with all the relevant documents, as required for the said purpose. Immediately thereafter, the Petitioner had given the custody of the gun to the police authority on 13.05.2018. 9. It is ascertained from the record that admittedly the report called for by the Deputy Commissioner of Police (H.Q), Bhubaneswar-Cuttack dated 28.10.2020 from the Deputy Commissioner of Police, Cuttack (Opposite Party No.4) is pending since long. 10. In view of the facts, as detailed above, the Opposite Party No.4 is directed to submit a report, as called for vide letter dated 28.10.2020, to the Opposite Party No.3 within a period of four weeks from the date of production of the certified copy of this order. On getting the said report, the Opposite Party No.3 shall do well to consider the application of the Petitioner for renewal of license of arms dated 07.05.2018, as at Annexure-1, in accordance with law and communicate the outcome of the same to the Petitioner within a period of four weeks from the date of receipt of the said report from the Opposite Party No.4. W.P.(C) No.6413 of 2024 Page 5 of 6 11. Since there is no endorsement in the Application dated 07.05.2018 in Form-A-3 i.e. the application allegedly submitted by the Petitioner for renewal of his arms license, the Petitioner is directed to submit a copy of the Writ Petition with all the annexures along with the copy of this order to the Opposite Party Nos.3 & 4 enabling them to act in terms of the direction given by this Court. I2. With the above observation and direction, the Writ
Decision
Petition stands disposed of. 13. Urgent certified copy of this order be granted on proper application as per rules. ….….…………………… S.K. MISHRA, J. Orissa High Court, Cuttack The 2nd April, 2024/Kanhu Signature Not Verified Digitally Signed Signed by: KANHU BEHERA Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 06-Apr-2024 16:47:13 W.P.(C) No.6413 of 2024 Page 6 of 6