High Court of Judicature at Allahabad
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Rakesh Singh v. State Of U.P. And Others - WRIT - C No. 11303 of 2007  RD-AH 3747 (2 March 2007)
Hon'ble Ashok Bhushan, J.
Learned standing counsel prays for and is allowed four weeks' time to file counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter. List on expiry of aforesaid period.
Counsel for the petitioner contended that in the impugned order no satisfaction has been recorded within the meaning of Section 17(3) of the Arms Act for suspending the arm licence. He submits that only observation is that there is possibility of misuse of the arm and on such general and vague premise the licence cannot be suspended. Moreso, the notice has been given asking the petitioner to show cause within 15 days. The petitioner has prima facie made out case for grant of interim order. The order dated 22.12.2006 does not record any satisfaction for suspending the arm licence as contemplated under Section 17(3) of the Act.
In the mean time the order dated 22.12.2006 in so far as it suspend the arm licence of the petitioner , shall remain stayed. However, the proceedings consequent to the notice shall go on and shall be expeditiously disposed of.
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