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Mahashay Singh v. State Of U.P. Thru' Secy. Deptt. Of Home & Ors. - WRIT - C No. 41798 of 2004 [2006] RD-AH 564 (9 January 2006)


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                                                                                       Court No.38

Civil Misc. Writ Petition No. 41798 of 2004

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

Hon'ble Vineet Saran, J

A gun license had been issued in favour of the petitioner.      On the basis of two reports lodged against the petitioner on the same date, being case crime nos. 84 of 2001 and 85 of 2001 under sections 323/504/506/352 I.P.C. and 147/148/149/307/353/332 I.P.C., a show cause notice was issued to the petitioner. After considering the reply, the gun license of the petitioner was cancelled by the District Magistrate, Jaunpur, respondent no. 2 on 10.8.2001. Against the said order, the petitioner filed an appeal, which was also dismissed by the Commissioner, Varanasi   Region, Varanasi, respondent no. 3 vide order dated 27.1.2004. Aggrieved by the aforesaid orders, the petitioner has filed this writ petition.

I have heard Sri B.R.Singh and Sri S.C.Dubey, learned counsel for the petitioner as well as the learned Standing Counsel for the respondents. Counter and rejoinder affidavits have been exchanged and with the consent of the learned counsel for the parties, this writ petition is being disposed of at the admission stage itself.

The ground for cancellation of the license of the petitioner is that two cases were lodged against him in the year 2001. It has also been stated that the son of the petitioner had used his gun for threatening certain persons, which amounted to misuse of the gun license. The contention of the petitioner is that he has never been convicted in any case nor is he an accused in any other case and it was only because of rivalry with one Manoj Kumar Singh, that the aforesaid two cases were lodged against him on one date. It has further been submitted that even as per the respondents, no person has received any injury nor his gun had been found to be used for committing any offence.

Considering the fact that the petitioner has been holding the arms license for the last several years and he has neither any criminal antecedents nor has he misused his gun, merely on the basis of two minor offences having been registered against him by one person on one date, the cancellation of his arms license does not appear to be justified. It is not the case of the respondent that he has been convicted in the aforesaid cases. 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 this Court has held that merely on registration of a criminal case, without the accused being convicted, his arms license cannot be cancelled.

Accordingly, the impugned orders dated 10.8.2001 and 27.1.2004 passed by the District Magistrate, Jaunpur, respondent no. 2 and the Commissioner, Varanasi Region, Varanasi, respondent no.3 respectively are liable to be set aside and are hereby quashed. This writ petition is allowed. No order as to costs.

It is further provided that in case if the petitioner applies for renewal of his arms license, the same shall be considered by the respondent-authorities expeditiously, in accordance with law.




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