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Phool Singh v. State Of U.P.And Others - WRIT - C No. 27729 of 2004  RD-AH 8614 (28 April 2006)
CIVIL MISC. WRIT PETITION NO. 27729 OF 2004
Phool Singh. ....Petitioner
State of U.P. & others. ..Respondents
Hon'ble Rajes Kumar, J.
By means of present writ petition, petitioner has challenged the order dated 18.05.2004 passed by Commissioner, Allahabad in appeal against the order of the District Magistrate, Fatehpur dated 31.03.2003.
By the order dated 31.03.2003, District Magistrate, Fatehpur has cancelled the arm licence of the petitioner on the ground that the petitioner was involved in case crime no.108 of 1994, under sections 307 and 302 I.P.C. and case crime no.61 of 1994, under section 30 of Arms Act. Case of the petitioner is that he has been acquitted in case crime no.108 of 1994 by Vth Additional District Judge, Fatehpur vide order dated 11.04.1996 and there is no case pending against the petitioner.
I have perused the impugned order.
It appears that the impugned order has been passed ex-parte, in as much as the petitioner could not appear before the Commissioner, Allahabad. The fact that the petitioner has been acquitted in case crime no.108 of 1994 has not been considered by the Commissioner, Allahabad. Thus, it would be appropriate that the matter may be sent back to the Commissioner, Allahabad to decide the appeal afresh.
In the result, writ petition is allowed. Order dated 18.05.2004 passed by Commissioner, Allahabad in appeal no.6 of 2004 is set aside and the matter is remanded back to the Commissioner, Allahabad to decide the appeal afresh in accordance to the law after giving proper opportunity of hearing to the petitioner. Commissioner, Allahabad is directed to the decide appeal expeditiously preferably within a period of three months from the date of presentation of the certified copy of this order.
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