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Kali Prasad Singh v. State Of U.P. Thru' Secy. (Home) & Others - WRIT - C No. 50957 of 2003 [2006] RD-AH 2494 (1 February 2006)


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                                                                                       Court No.38

Civil Misc. Writ Petition No. 50957 of 2003

Kali Prasad Singh Vs. State of U.P. & others

Hon'ble Vineet Saran, J

The petitioner was granted a gun license in the year 1967. By an order dated 25.6.2003 his license was placed under suspension and a show cause notice was issued to the petitioner as to why the same should not be cancelled. After the filing of reply to the show cause notice, by order dated 23.7.2003 the District Magistrate, Sant Kabir Nagar cancelled the gun license of the petitioner. Against the said order, the petitioner filed an appeal, which was also dismissed by the Commissioner, Basti Division, Basti, respondent no.2 vide order dated 1.10.2003. Aggrieved by the aforesaid orders, the petitioner has filed this writ petition.

I have heard Sri D.V.Singh, learned counsel appearing for the petitioner as well as learned Standing Counsel appearing for the State-respondents. Despite time having been granted on several occasions and even though more than two years have passed, no counter affidavit has yet been filed and as such this writ petition is being heard and decided at this stage.

The sole ground for cancellation of the gun license of the petitioner is because of pendency of Case Nos. 46 of 2003 under sections 504, 506 I.P.C. and 107/116 Cr.P.C. It has been held by this Court in the cases of Takdeer Singh Vs. Commissioner, Jhansi Division, Jhansi and others 2005 A.D.J. 349 (All); Hausala Prasad Tiwari Vs. State of U.P. and others 2005 (1) U.P.Cr.R. 273 and Sheo Prasad Misra Vs. The District Magistrate Basti and others 1978 A.W.C. 122 that on mere pendency of criminal cases, the arms license cannot be cancelled.

Keeping in view of the facts of this case as well as the law laid down in the aforesaid decisions, as the petitioner has never been  convicted in any criminal cases, merely because of pendency of criminal cases, his license cannot be cancelled.

Accordingly, the impugned orders dated 23.7.2003 and 1.10.2003 passed by the District Magistrate, Sant Kabir Nagar, respondent no.3 and the Commissioner, Basti Division, Basti, respondent no.2 respectively are liable to be set aside and are hereby quashed.

In the result, this writ petition succeeds and is allowed. No order as to costs.




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