1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2198 OF 2007 Prakash Shyamanarayan Shukla ...Petitioner Versus The State of Maharashtra & Ors. ... Respondents. Mr. Shekhar A. Ingawale for the Petitioner Mr. P.S. Hingorani, Additional Public Prosecutor, for the Respondents. CORAM: B ILAL NAZKI and S.A. BOBDE, JJ. DATE: FEBRUARY 11, 2008 P.C.:- The petitioner is aggrieved that the armed licence was not issued to him despite an order of the minister, who was the Appellate Authority. It appears that he moved an application before the Commissioner of Police. He rejected the application for grant of a licence. Thereafter, the petitioner moved appeal before the Minister. The Minister ordered grant of licence by his order dated 18th August, 2004. Now, the petitioner's grievance is that despite the order of the Minister, licence is not being issued to him. 2. Counter-affidavit has been filed, and it has been stated that 2 during the period when the request was under consideration, in the light of the order of the Minister, a Circular has been issued by the Government, being Circular No. ALS-1204/C-195/Pol 9 dated 14th September, 2005, in which the Licensing Authority has been directed not to issue licence to any person against whom criminal cases are pending; and on inquiry, the Licensing Authority has learnt that the petitioner is facing trial in two cases, being C.R. No. 371 of 1998 and C.R. No. 589 of 2001. 3. The learned counsel for the petitioner submits that the order was passed by the Minister much earlier, and the circular has been issued much later; and in any case, this circular cannot bind respondents, as they are bound to follow the orders of the Minister. 4. We feel that this is a matter which may be considered by the Minister. Hence, the petitioner is given liberty to approach the Minister, who may pass appropriate orders in the light of his own orders and the orders passed by the Government, directing that the licence be not issued to the persons against whom criminal cases are pending. 5. With the above observations, this Writ Petition is disposed of. BILAL NAZKI, J. S.A. BOBDE, J.