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Shri Pati Singh v. State Of U.P. And Others - WRIT - C No. 12038 of 2004  RD-AH 9244 (9 May 2006)
CIVIL MISC. WRIT PETITION NO. 12038 OF 2004
Shripati Singh. ....Petitioner
State of U.P. & others. ..Respondents
Hon'ble Rajes Kumar, J.
Present writ petition is directed against the order of Commissioner Azamgarh Division, Azamgarh dated 24.05.2003 passed in appeal no.43/61/A of 2003 under section 18 of Arms Act against the order of the District Magistrate dated 08.11.2002 by which arm licence of the petitioner has been cancelled.
Heard learned counsel for the parties.
The arm licence of the petitioner has been cancelled on the ground that against the petitioner there were four criminal cases; case crime no.169 of 1993, under sections 143/148/149/307/504 I.P.C., case crime no.113 of 1994, under sections 302/504 I.P.C, case crime no.135 of 1994, under sections 25/30 Arms Act and case crime no.132 of 1994. The order of the District Magistrate has been confirmed in appeal on the same ground. Learned counsel for the petitioner submitted that the petitioner has been discharged in three cases; S.T. No.102 of 1994, under section 302/34 I.P.C., S.T. No.96 of 1994, under sections 148/307/149 I.P.C. and S.T.No.98 of 1996 under sections 307/34/504/506 (2) I.P.C., which relates to the aforesaid case crime nos.169 of 1993, 113 of 1994 and 132 of 1994. He submitted that only one case is pending against the Arms Act. In para 12 of the writ petition, details of the cases in which petitioner has been discharged, is mentioned. In counter affidavit, this fact has not been denied. In view of the aforesaid circumstances that out of four cases, in three cases petitioner has been discharged and one case under the Arms Act is only pending and three years have been passed, it would be appropriate that the matter may be reviewed by the District Magistrate, Azamgarh afresh about the need, conduct and activity of the petitioner.
In the result, writ petition is allowed. Order of the Commissioner, Azamgarh Division, Azamgarh dated 24.05.2003 and order of the District Magistrate, Azamgarh dated 08.11.2002 are set aside and the matter is remanded back to the District Magistrate, Azamgarh to decide the matter afresh. District Magistrate, Azamgarh is further directed to decide the matter within a period of two months from the date of filing of the certified copy of the order.
Till the date of the decision by the District Magistrate, Azamgarh, arm licence shall remain suspended and shall be subject to the decision of the District Magistrate, Azamgarh.
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