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Banwari Lal Shukla v. Commissioner Jhansi & Others - WRIT - C No. 38041 of 2000 [2007] RD-AH 8853 (10 May 2007)


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Court No.23

Civil Misc. Writ Petition No. 38041 of 2000

Banwari Lal Shukla Vs. Commissioner, Jhansi Mandal, Jhansi

Hon'ble S.U. Khan, J.

This writ petition is directed against order passed by D.M. Banda suspending petitioner's arms licences. The case was registered as case No.275/1 of 1996 under Section 17, Arms Act, State Vs. Banwari Lal Shukla. The D.M., Banda suspended the fire arms licences for holding double barrel gun and rifle through order dated 18.11.1996 till the pendency of some criminal cases against the petitioner. It was further directed that after decision in the criminal cases, question of revocation of suspension could be considered. Against the said order, petitioner filed appeal, which was registered as appeal No.26/96-97. Commissioner, Jhansi Division, Jhansi, dismissed the appeal on 29.05.2000, hence this writ petition.

Learned counsel for the petitioner states that criminal cases pending against the petitioner have been decided and he has been acquitted. However, it is mentioned in the order of the Appellate Court that three cases were pending even till then.

Petitioner states that now he has been acquitted in all the cases. Copy of the judgment of one of the cases has been annexed along with supplementary affidavit sworn on 12.05.2001 which was passed in Session Trial No.395 of 1991 arising out of crime case No.212 of 1991 under Sections 302, 201 and 120-B, I.P.C. The 4th Additional Sessions Judge, Banda acquitted all the three accused in the said case. Petitioner was one of the accused. Learned counsel for the petitioner states that State did not file any appeal against the said judgment, however, complainant filed revision, which has also been dismissed.

By its very nature, suspension has to be for a limited period and it cannot be indefinite. However, as in the impugned order, D.M. himself  stated that after decision of the criminal cases pending against the petitioner his application for revocation of suspension might be considered, hence I am not inclined to set aside the impugned order.

Petitioner is directed to apply for revocation of suspension order before the D.M. concerned along with the certified copies of the judgments of all the criminal cases, which were pending against the petitioner and in which petitioner has been acquitted. If no criminal case is pending against the petitioner (as stated by learned counsel for the petitioner), then D.M. shall at once revoke the suspension order. In this regard, no delay will be appreciated by this Court.

Writ petition is accordingly disposed of.




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