Over 2 lakh Indian cases. Search powered by Google!

Case Details

SANJEEV KUMAR versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


Sanjeev Kumar v. State Of U.P. And Others - WRIT - C No. 15528 of 2006 [2006] RD-AH 6353 (22 March 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

Hon'ble Vineet Saran,J

Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the respondents. With the consent of the learned counsel for the parties, this writ petition is being disposed of at this stage without calling for a counter affidavit.

By means of the impugned order dated 4.1.2006, after suspending the arms license of the petitioner, he has been required to show cause as to why his license should not be cancelled.

This Court in Civil Misc. Writ Petition No. 58216 of 2005 (Ajay Kumar Gupta Vs. State of U.P. and others) wherein, after considering the Full Bench decision of this Court in the cases of Balaram Singh Vs. State of U.P. and  others 1988 A.W.C. 1481, Kailash Nath Vs. State of U.P. 1985 A.W.C. 493  as well as the Division Bench decision of this Court in the case of Sadri Ram Vs. District Magistrate, Azamgarh and others 1998 All. C.J. 1449, has held that the arms license cannot be placed under suspension pending enquiry.

In such view of the matter the suspension of the arms license of the petitioner as directed by the impugned order dated 4.1.2006 is liable to be quashed.

Accordingly, this writ petition stands partly allowed. The suspension of the arms license of the petitioner by the impugned order dated 4.1.2006 is quashed. If in pursuance of the suspension order the licensed weapon of the petitioner has been seized, the same shall be released to the petitioner forthwith.

However, the respondents shall proceed to take appropriate action with regard to the cancellation of the arms license of the petitioner in accordance with law. In case if the petitioner has not submitted his reply to the show cause notice, he may do so within a month from today and thereafter the respondent-authorities shall be at liberty to pass appropriate orders in accordance with law.

Dt/-22.3.2006

Ruw.p.15528.06


Copyright

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

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.