The Bombay High Court has quashed the order by the Pune Commissioner of Police canceling the arms license of Manorama Khedkar, the mother of former probationary IAS officer Puja Khedkar, and remitted the matter for fresh consideration.

The Court was considering a Writ Petition seeking to quash and set-aside order passed by Commissioner of Police, Pune City, Pune.

A division-bench made up of Justice Revati Mohite-Dere and Justice Prithviraj Chavan observed, "A criminal case was filed as a result of an event earlier this year in which a video purportedly showing Manorama Khedkar brandishing a gun during a land dispute dispute went viral."

The Court ordered the Commissioner to send Khedkar a new notice so she may come and present her case before making a legally binding decision.

The Petitioner was represented by Advocate Narayan G. Rokade while the Respondent was represented by Additional Public Prosecutor K.V. Saste.

A criminal case was filed as a result of an event earlier this year in which a video purportedly showing Manorama Khedkar brandishing a gun during a land dispute dispute went viral.

On July 18, 2024, Khedkar was taken into custody and held there until a Pune Judge granted him bail in August. Citing the FIR and her purported involvement in the Criminal Case, the Pune Police Commissioner had, on July 23, issued a notice to terminate her arms license.

Counsel for the Petitioner contended that Khedkar was incarcerated at the time and could not attend the August 2nd arms licensing hearing.

He emphasized that there was no proof of proper service, such as a panchanama, and that the police had simply tacked the notice on her home's door.

The absence of supporting documents for the notice's service was acknowledged by Additional Public Prosecutor. The court noted that since the notice period had passed, the cancellation decision was based only on the assumption that Khedkar had decided not to reply.

However, it was clear that Khedkar could not have been before the authorities during that time because she was detained from June 18 to August 2.

The Court quashed the Commissioner's order, citing procedural flaws and a breach of the law. It emphasized that Khedkar must be given an equal opportunity to argue her case in accordance with the principles of natural justice.

The Petition was accordingly allowed.

Cause Title: Manorama Dilip Khedkar vs The State of Maharashtra & Anr. (2024:BHC-AS:45649-DB)

Appearances:

Petitioner- Advocate Narayan G. Rokade, Advocate Vijay Jagtap, Advocate Udaysinh Deshmukh, Advocate Vikrant Kadam, Advocate Harishchandra Jadhav

Respondent- Additional Public Prosecutor K.V. Saste, PSI E.B.Patil

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Sheetal Joon