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Maiya Deen v. State Of U.P & Another - WRIT - C No. 30146 of 1999 [2007] RD-AH 6975 (17 April 2007)


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(Court No.23)

Civil Misc. Writ Petition No.30146 of  1999

Maiya Deen Versus State of U.P and others.  

Hon'ble S.U.Khan J

Petitioner's gun licence was suspended on 12.12.1997 by District Magistrate, Mahoba. Thereafter D.M. Mahoba through order dated 29.12.1997 passed in case No. 12 of 1997 under section 17 Arms Act State Versus Maiya Deen cancelled the arm licence (Licence No. 43 /96 for DBL gun number 5793). Against the suspension order and cancellation order, petitioner filed two appeals being appeal No. 41/1 and 43/1 both of 1998. Commissioner Chitrakoot Dham, Banda dismissed both the appeals on 1.4.1999, hence, this writ petition.

In the impugned orders, it is mentioned that 33 criminal cases were pending against the petitioner out of which three were under section 302 IPC and two under section 307 IPC. In the writ petition, it is mentioned that in the said cases petitioner has been acquitted, however, no copy of judgement in regard thereto has been filed.

District Magistrate while cancelling the gun licence of the petitioner did not give the details of the cases which were pending against him.

Accordingly, order dated 29.12.1997 cancelling the arm licence and the order of the appellate court dismissing the appeal directed against the said order are set-aside. Matter is remanded to the District Magistrate, Mahoba before whom petitioner shall file his detailed objections and he must also annex copies of the judgements through which he has been acquitted. Thereafter fresh order shall be passed by the D.M giving the details of the cases pending against the petitioner. Until decision by the District Magistrate, order suspending the gun licence dated 12.12.1997, shall remain in operation.

Writ petition accordingly disposed of.




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