RAVINDRA SINGH Vs. STATE OF U P
LAWS(ALL)-2009-10-293
HIGH COURT OF ALLAHABAD
Decided on October 28,2009

RAVINDRA SINGH Appellant
VERSUS
STATE OF U P Respondents


Referred Judgements :-

C.P. SAHU V. STATE OF U.P. AND ORS. [REFERRED]
KAILASH NATH AND ORS.,V. STATE OF U.P. AND ORS. [REFERRED]
SATISH CHANDRA V. STATE OF U.P. AND ANR. [REFERRED]
RAMESH SINGH V. STATE OF U.P. AND ORS. [REFERRED]
BALRAM SINGH V. STATE OF U.P. AND ORS. [REFERRED]
RANA PRATAP SINGH V. STATE OF U.P. AND ORS. [REFERRED]


JUDGEMENT

- (1.)This petition seeks the quashing of the orders dated 5th September, 2009 and 7th September, 2009 passed by the District Magistrate, Azamgarh by which the firearms licences of the petitioner have been suspended pending enquiry for their cancellation under Section 17(3) of the Arms Act, 1959 (hereinafter referred to as the 'Act').
(2.)The petitioner was granted the firearm licence in 1995 for DBBL Gun and another licence in 2005 for Revolver. The impugned orders recite that Crime Case No. 76 of 1995 under Sections 147, 148, 145, 307, 336, 341, 504, 323 and 427 Indian Penal Code and Crime Case No. 295 of 1995 under Sections 323, 504, 506, 325 and 452 Indian Penal Code are pending against the petitioner and as the possession of the firearms with the petitioner will be detrimental for the security of the public peace and public safety, it was necessary to revoke the licences. The petitioner has, therefore, been asked to submit a reply within 15 days as to why his licences may not be revoked but in the meantime both the licences of the petitioner have been suspended pending enquiry and he has been asked to deposit the firearms in the police station.
(3.)The sole contention advanced by Sri Ram Niwas Singh, learned Counsel for the petitioner is that the firearm licence cannot be suspended by the District Magistrate pending enquiry and in support of his contention he has placed reliance upon the Full Bench decision of this Court in Rana Pratap Singh v. State of U.P. and Ors.,1996 AWC 92.


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