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2025 DAILYLAW 26137 (GAU)

RANA SAIDUR ZAMAN v. THE STATE OF ASSAM AND 2 ORS

WP(C)/6533/2025 · 2025-11-18

Devashis Baruah

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010250022025 2025:GAU-AS:15729 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6533/2025 RANA SAIDUR ZAMAN SON OF LATE ALHAZ RAHMAN ALI, RESIDENT OF HOUSE NO 62, RAHMAN MANSION, SOUTH SARANIA, P.O- ULUBARI, DISTRICT- KAMRUP (METRO), ASSAM, GUWAHATI-781007 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI-781006 2:THE DISTRICT MAGISTRATE KAMRUP (METRO) GUWAHATI 3:THE DEPUTY COMMISSIONER OF POLICE (INTELLIGENCE) OFFICE OF THE COMMISSIONER OF POLICE GUWAHATI ASSA For the Petitioner(s) : Mr. R.M. Deka, Advocate For the Respondent(s) : Mr. M. Chetia, Govt. Advocate Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 19.11.2025 Heard Mr. R.M. Deka, the learned counsel appearing on behalf of the petitioner. Mr. M. Chetia, the learned Government Advocate appears on behalf of all the respondents 2. Taking into account the materials on record, this Court issues Rule making it returnable forthwith. 3. The petitioner herein has assailed the order dated 04.09.2025 whereby the application for renewal of the Arms License bearing License No. 224(K)293 Guwahati P.S. having UIN No. 040990031710742016 was rejected. 4. A perusal of the said order dated 04.09.2025 reveals that the application for renewal was not approved on the ground that a report was submitted by the Paltan bazar P.S. to the effect that a case being North Guwahati P.S. Case No. 101/2020 under Section 448/353/506/34 IPC had been registered and, in that regard, a Charge Sheet being C.S. No. 55/20 dated 31.10.2022 had been submitted. It was on that ground the renewal of the Arms License bearing No. 224(K)293 Guwahati P.S. having UIN No. 040990031710742016 was not approved. 5. Mr. R.M. Deka, the learned counsel appearing on behalf of Page No.# 3/4 the petitioner submitted that the ground on which the impugned order was passed cannot stand the scrutiny of law inasmuch as the very ground is a non-existent ground. In that regard, the learned counsel has referred to the case status pertaining to the Charge Sheet No. 55/20 dated 31.10.2022 which was registered bearing Registration No. 96/2021. The learned counsel further referred to Annexure-4 of the writ petition wherein on 04.02.2023, the said case was shown to have been disposed of. Further to that, the learned counsel also referred to the certified copy of the order dated 04.02.2023 whereby the learned Court of the Judicial Magistrate First Class, Kamrup at Amingaon, on an application filed by the learned APP under Section 321 of the Cr.P.C. allowed withdrawal of the said case on the basis of a Notification issued by the Government of Assam bearing No. E- 21705 dated 21.10.2022. 6. Taking into account that the impugned order was passed on the basis of a proceeding which do not exist, it is the opinion of this Court that the impugned order dated 04.09.2025 cannot be sustained in law. 7. Accordingly, the instant writ petition stands disposed of with the following observations and directions: (i) The impugned order dated 04.09.2025 is set aside and Page No.# 4/4 quashed. (ii) The respondent No. 2 i.e. the District Magistrate, Kamrup (M) is directed to again reconsider the application so submitted by the petitioner for renewal of the Arms License bearing No. 224(K)293 Guwahati P.S. having UIN No. 040990031710742016 and the same be done within a time frame of not later than 60 (sixty) days from the date a certified copy of the instant order is served upon the respondent No. 2. JUDGE Comparing Assistant