IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.18795 of 2010 (O&M) Date of decision: 28.11.2011 Prabhu Ram son of Ranjit, resident of Kirdan, Tehsil and District Fatehabad. ...Petitioner versus Commissioner, Hisar Division, Hisar and another. ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Sanjiv Gupta, Advocate, for the petitioner. Ms. Kirti Singh, DAG, Haryana. ----- 1. Whether reporters of local papers may be allowed to see the judgment ? No. 2. To be referred to the reporters or not ? No. 3. Whether the judgment should be reported in the digest ? No. ---- K.Kannan, J. (Oral) 1. The petitioner challenges the order revoking arms licence given to him. The revocation was on a complaint given by a person who successfully got the State to prosecute a case against the petitioner for offences under Sections 323, 325, 148 read with 149 IPC. The order of revocation which was made by the trial Court and affirmed by the Additional Sessions Judge but he was ordered to be released on probation. The period of probation has also expired on 18.09.2010. 2. The competent authority and the appellate authority have also held that mere release of a person on probation cannot wash Civil Writ Petition No.18795 of 2010 (O&M) - 2 - away his guilt and since there is a complaint by a person that he felt threatened in his life by the petitioner, licence cannot be given. 3. There must be some basis for such a complaint for the authorities to act. If the basis is of the previous case lodged at his instance and when initially a conviction was made against the petitioner, it must be noticed that it was not a case of use of fire arms licence itself, but it was a case of scuffle over a land dispute in the year 2000. I cannot find that the offence is serious enough or the incident so compulsive for a person to be nursing a grudge and using it against the complainant. While the authorities surely have a right to examine the nature of threat and the harm to public peace, if the arms licence were to be restored, the appraisals must be on the nature of previous dispute, the manner of conviction rendered and the effect of the order of release on probation. The incident is a decade old and I find no justification to deny to him the restoration of the arms licence. The impugned order is quashed and the authorities shall pass appropriate orders revoking the suspension of arms licence. The decision shall be taken and communicated to the petitioner in 4 weeks' time. 4. The writ petition is disposed of . (K. KANNAN) JUDGE 28.11.2011 sanjeev