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Himanshudhar Singh Alias Pappu Singh v. State Of U.P.And Others - WRIT - C No. 5582 of 2004 [2006] RD-AH 14147 (23 August 2006)


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                                                                               Court No.38

Civil Misc. Writ Petition No. 5582 of 2004

Himanshudhar Singh alias Pappu Singh


State of U. P. and others

Hon'ble Vineet Saran, J

The fire-arm licence of the petitioner has been cancelled by order dated 21.6.2002 passed by the District Magistrate, Kaushambi, respondent no.3. The appeal filed by the petitioner has also been dismissed vide order dated 9.9.2002 passed by the Commissioner, Allahabad Division, Allahabad, respondent no.2. Aggrieved by the aforesaid orders, this writ petition has been filed.

I have heard learned counsel for the petitioner as well as learned Standing Counsel for the respondents. Counter and rejoinder affidavits have been exchanged. With consent of learned counsel for the parties, this writ petition is being disposed of at this stage.

The submission of learned counsel for the petitioner is that in all the criminal cases, which were the basis of cancellation of his arms licence, the petitioner was acquitted or discharged. It has further been submitted that there is no charge on the petitioner of having misused his fire-arm. Learned Standing Counsel, however, disputes that the petitioner has been acquitted in all the criminal cases which are mentioned in the impugned order.

Considering the fact that subsequent to the passing of the impugned order certain material developments have taken place as the criminal cases against the petitioner have been decided during this period, it would be appropriate that the matter regarding cancellation of the fire-arm licence of the petitioner may be reconsidered by the District Magistrate afresh, in accordance with law, after taking into consideration all subsequent events and conduct of the petitioner.

Accordingly, the impugned orders dated 21.6.2002 and 9.9.2002 passed by District Magistrate, Kaushambi, respondent no.3 and the Commissioner, Allahabad Division, Allahabad, respondent no.2 are set aside and the matter is remanded back to the District Magistrate, Kaushambi, respondent no.3 for a fresh decision, in accordance with law, after giving opportunity of hearing to the petitioner, as expeditiously as possible, preferably within a period of two months from the date of filing of a certified copy of this order before him. However, it is provided that till a decision is taken by the District Magistrate, the fire-arm licence of the petitioner shall remain suspended.

This writ petition stands partly allowed to the extent indicated above. No order as to costs.




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