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Ramman Prasad v. District Magistrate & Others - WRIT - C No. 41612 of 2002 [2005] RD-AH 7187 (8 December 2005)


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                                                                                       Court No.38

Civil Misc. Writ Petition No. 41612 of 2002

Ramman Prasad               Vs.        District Magistrate, Azamgarh

      & others

Hon'ble Vineet Saran, J

The arms licence of the petitioner has been cancelled solely on the ground that a criminal case under Section 323/504/506 I.P.C. had been registered against the petitioner.

It is not the case of the respondents that the petitioner is a person of criminal antecedents or that he has ever misused his arms licence. Merely because of institution of a case against the petitioner in which the petitioner has already been acquitted by the competent court, the arms licence granted to him cannot be cancelled as has been held by this Court in the cases of Raghubir Singh Vs. Commissioner Jhansi Division, Jhansi 2003 (50) ALR 20 and Ram Kishore Singh Vs. Commissioner Jhansi Division, Jhansi 2003 (47) ACC 776.

In such view of the matter, the orders dated 8.7.2002 passed by the District Magistrate, Azamgarh cancelling the arms licence of the petitioner on the aforesaid ground as well as the order dated 9.8.2002 passed by the Commissioner, Azamgarh Division, Azamgarh dismissing the appeal, are both quashed. This writ petition succeeds and is allowed. No order as to costs.  




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