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AMAN SINGH versus STATE OF U.P. THRU' SECY. MINISTRY OF HOME AFFAIRS & ORS.

High Court of Judicature at Allahabad

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Aman Singh v. State Of U.P. Thru' Secy. Ministry Of Home Affairs & Ors. - WRIT - C No. 39938 of 2004 [2006] RD-AH 3887 (20 February 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

                                                                                       Court No.38

Civil Misc. Writ Petition No. 39938 of 2004

Aman Singh Vs. State of U.P. & others

Hon'ble Vineet Saran, J

The petitioner was granted an arms license. By an order dated 10.12.2003 the license of the petitioner has been cancelled by the District Magistrate, Banda, respondent no.3. The appeal filed by the petitioner has also been dismissed by the Commissioner, Chitrakoot Dham Mandal, Banda, respondent no.2 on 17.6.2004. Aggrieved by the aforesaid orders, the petitioner has filed this writ petition.

Despite time having been granted on several occasions, no counter affidavit has been filed although more than one and half years have passed and as such this writ petition has been heard and is being disposed of at this stage.

The arms license of the petitioner has been cancelled on the basis of eight criminal cases pending against him. In case crime no. 23 of 1991 under sections 323/504/506 I.P.C., it has been submitted that the petitioner has already been  acquitted. All the other seven criminal cases are under sections 107/116 Cr.P.C. and it has been submitted that in all such criminal cases, the petitioner has been discharged. It has been urged that at present there is not a single criminal case pending against the petitioner and as such there is no valid reason for his arms license to have been cancelled and it has been submitted that this aspect of the case has not been considered by the authorities.

Having heard learned counsel for the parties and considering  the facts of this case, in my view, the District Magistrate, Banda, respondent no.3 should decide the matter relating to the cancellation of the arms license of the petitioner afresh, after taking into consideration the fact as to whether the petitioner has actually been acquitted in the criminal cases and as to whether any fresh criminal case has been registered against him thereafter. The impugned orders, which have been passed without considering this aspect, deserve to be set aside.

Accordingly, this writ petition is allowed and the impugned orders dated 10.12.2003 and 17.6.2004 passed by the District Magistrate, Banda, respondent no.3 and the Commissioner, Chitrakoot Dham Mandal, Banda, respondent no.2 are quashed and the matter is remanded back to the District Magistrate, Banda, respondent no.3 to decide afresh, in accordance with law, in light of the observations made hereinabove, after giving opportunity of hearing to the petitioner. Such decision may be taken by the District Magistrate, Banda within three months from the date of filing of a certified copy of this order  before the said respondent. For a period of three months or till fresh decision is taken by the District Magistrate, Banda, whichever is earlier, the arms license of the petitioner already granted earlier, shall remain in abeyance.

The writ petition stands allowed to the extent  indicated hereinabove. No order as to costs.    

Dt/-20.2.2006

Ru


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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