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Ram Bali Singh v. State Of U.P. Thru' Secy. Home U.P. & Ors. - WRIT - C No. 25770 of 2004  RD-AH 8735 (1 May 2006)
Court no. 25
Civil Misc. Writ Petition No. 25770 of 2004.
Ram Bali Singh, Banda. ... Petitioner.
State of Uttar Pradesh and others. ... Respondents.
Hon'ble Rajes Kumar, J.
By means of present writ petition, the petitioner is challenging the order dated 29.04.2004 passed by the Divisional Commissioner, Banda under Section 18 of Arms Act passed against the order of the District Magistrate, Banda dated 30.8.2003 under Section 17 of Arms Act, by which, the license of the petitioner has been cancelled.
The brief facts giving rise to the present writ petition are that the license of the petitioner has been cancelled on the ground that several criminal cases against the petitioner were pending. The respondent has been asked to file a Supplementary affidavit to state that how much cases are pending against the petitioner. Supplementary affidavit of Sri Ram Kar Yadav has been filed, in which, it has been stated that only one Case Crime no. 31 of 1998 under Section 188 of I. P. C. and Case Crime no. 34 of 1998 under Section 25/30 of Arms Act which is said to be one case is pending in the Court of Chief Judicial Magistrate, Banda and the date in the said case is fixed on 27.7.2006. For the rest of the cases, it has been, stated that the petitioner has been acquitted. With regard to the case no. 69 of 1963 under Sections 147, 148, 307 and 302 of I. P. C., it is, stated that the petitioner has been convicted with life imprisonment. Learned Counsel for the petitioner stated that in Case Crime no. 69 of 1963, petitioner has been acquitted and thereafter, in 1971, the license was issued.
Having heard learned Counsel for the parties, I am of the view that the facts of the case require verification by the District Magistrate. In case, if no case is pending against the petitioner or the case pending is of such a nature, on the basis of which, Arms license of the petitioner cannot be cancelled and having regard to the conduct and activities of the petitioner, the District Magistrate, Banda is directed to reconsider the issue relating to cancellation of the Arms license.
In the result, writ petition is allowed. The impugned order dated 29.4.2004 passed by the Divisional Commissioner, Banda and the order dated 30.8.2003 passed by the District Magistrate, Banda are set aside and the matter is remanded back to the District Magistrate, Banda to decide the matter afresh in the light of observations made above. The District Magistrate, Banda is directed to decide the matter within a period of three months from the date of filing of Certified copy of the order. Till the date of decision, the Arms License shall remain suspended.
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