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Vinod Kumar Chaubey v. Commissioner Varanasi Region Varanasi & Others - WRIT - C No. 48116 of 2000 [2007] RD-AH 9983 (23 May 2007)


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Court No.23

Civil Misc. Writ Petition No.48116 of 2000

Vinod Kumar Chaubey Vs. Commissioner Varanasi Region Varanasi and others

Hon'ble S.U. Khan, J.

Heard learned counsel for the parties.

This writ petition is directed against order dated 30.06.1993 passed by D.M., Ballia in case No.4 under Arms Act, State Vs. Vinod Kumar Chaubey. Through said order, arms licence of the petitioner to hold a double barrel gun has been cancelled on the ground that his real brother used the gun in a crime and killed a person. In respect of the said incident a criminal case under Section 302, I.P.C. in the form of crime case No.232 of 1992 under Section 302, I.P.C. was registered against real brother of the petitioner. Against the order dated 30.06.1993, petitioner filed appeal No.69 of 1993. Commissioner, Varanasi Division, Varanasi dismissed the appeal on 01.03.1995. The said order has also been challenged through this writ petition.

In Para-16 of the writ petition, cause of delay in filing the writ petition has been given. According to the said para, petitioner was waiting for conclusion of the criminal case.

Learned counsel for the petitioner states that the criminal case against petitioner's brother has not yet been concluded.

Firstly, writ petition has been filed after five years. Secondly, I do not find any such error in the impugned orders, which may warrant interference in exercise of writ jurisdiction.

Accordingly, writ petition is dismissed.

However, in case brother of the petitioner is acquitted in the criminal case and no appeal is filed in the High Court, then petitioner may apply for recall of order of cancellation of fire arm before the District Magistrate. In case such application is filed after acquittal of petitioner's brother in the criminal case, then District Magistrate shall recall the order dated 30.06.1993 provided that no appeal is filed against order of acquittal.




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