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Moti Lal Misra v. Commissioner Chitrakootdham And Others - WRIT - C No. 47492 of 2005 [2006] RD-AH 11873 (20 July 2006)


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                                                                               Court No.38

Civil Misc. Writ Petition No. 47492 of 2005

Moti Lal Misra         Vs.     Commissioner, Chitrakootdham Division

                                        Banda and others

Hon'ble Vineet Saran, J

The petitioner was granted a fire-arm license in the year 1979. Vide order dated 1.12.2003 his license had been cancelled by the licensing authority. Challenging the said order the petitioner filed an appeal which has been dismissed by the appellate authority vide its order dated 20.5.2005. Aggrieved by the aforesaid orders the petitioner has filed this writ petition.

I have heard learned counsel for the petitioner as well as learned Standing counsel appearing for the respondents. Despite time having been granted to the respondents on several occasions, no counter affidavit has yet been filed, although more than a year has passed. Under these circumstances this writ petition has been taken up for hearing at this stage.

The ground for cancellation of the arms license of the petitioner is because of pendency of two criminal cases lodged against the petitioner in the years 1997 and 2002. In one of the cases, even at the stage of the passing of the appellate order the petitioner had been acquitted. In the other case also the petitioner has been subsequently acquitted by the competent court vide Judgment and Order dated 27.8.2005, a certified copy of which has been placed before me during the course of hearing. The submission of the learned counsel for the petitioner is that even if any criminal case is pending, the same cannot form the basis for cancellation of the arms license. In support of the aforesaid submission, the learned counsel has placed reliance on the decisions rendered in the cases of Takdeer Singh Vs. Commissioner, Jhansi Division, Jhansi 2005 A.D.J. 349 (All); Hausala Prasad Tiwari Vs. State of U.P. 2005 (1) U.P.Cr.R. 273; and  Sheo Prasad Misra Vs. The District Magistrate Basti 1978 A.W.C. 122.  

Having heard learned counsel for the parties and considering the facts and circumstances of this case, in my view, this writ petition deserves to be allowed. There is nothing on record to show that any other criminal case was ever registered against the petitioner. Since the petitioner has already been acquitted in both the criminal cases which were lodged against him and the petitioner is not a person of criminal antecedent, the cancellation of his fire arm license cannot be justified. There are no other charge to justify the cancellation of the arms license of the petitioner.

In such view of the matter the impugned orders dated 1.12.2003 passed by the licensing authority-respondent no.2 as well as the appellate order dated 20.5.2005 passed by Respondent no.1 are quashed. The writ petition stands allowed.

Dt/- July 20, 2006



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