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Kripal Singh v. D.M. & Another - WRIT - C No. 55089 of 2000 [2004] RD-AH 1471 (22 November 2004)


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Court No. 51

Civil Misc. Writ Petition No.55089 of 2000

Kripal singh                                .......       Petitioner


District Magistrate, Kanpur Dehat & others --           Respondents.


Hon'ble V.C.Misra, J.

Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.

1. The facts of the case in brief are that an allegation has been made against the petitioner who possess a D.B.B.L. gun against the arms licence granted by the District Magistrate, Kanpur Dehat- respondent no. 1 that some shots had been fired from the said D.B.B.L. gun on the persons named in the cross case between the petitioner and other persons of the village and a criminal case was pending before the trial court against the petitioner and other persons under Section 307 of the Indian Penal Code. The District Magistrate- respondent no. 1 on the basis of the police report suspended the arms licence of the petitioner vide its order dated 16th April, 1999 (Annexure No. 3 to the writ petition) against which objections were filed by the petitioner.  The respondent no. 1 after considering the objections of the petitioner and hearing persons involved in the criminal case passed the impugned order dated 28.11.2000 (Annexure no. 1 to the writ petition) confirming the suspension of the petitioner's arms licence and directed that the Gun be deposited in the Malkhana of the police station till the disposal of the case crime no. 87 of 1999 under Section 307 of the Indian Penal Code.

2. Considering the facts and circumstances of the case, I am of the view that since an alternative statutory remedy is available to the petitioner by way of filing a statutory appeal under Section 18 of the Indian Arms Act challenging the said order before the Commissioner of the Division, this writ petition is not maintainable. Accordingly, the writ petition is dismissed on the ground of alternative remedy. However, the petitioner will be at liberty to move an appeal before the authority concerned, and in case, if such an appeal is filed the authority concerned shall take into consideration the period spent in pursuing the writ petition while disposing of the delay condonation petition in the appeal, in accordance with law.  No orders as to costs.


November  22, 2004



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