Research › Search › Judgment

Allahabad High Court · body

2012 DIGILAW 1927 (ALL)

Narayan Duttshukla v. State of U. P. and Others

2012-08-27

DEVENDRA KUMAR ARORA

body2012
Devendra Kumar Arora, J.— Notice on behalf of opposite parties no. 1 to 3 has been accepted by learned Chief Standing Counsel. The submission of learned counsel for the petitioner is that petitioner was attacked by some miscreants on 07.07.2010 at 23.00 hours at his residence. Thereafter an F.I.R. was lodged by one Shravan Kumar on 08.07.2010 at 00.50 hours, naming the petitioner and his brother as accused. It has been alleged that petitioner fired from his licensed pistol at the deceased Shalabh Kumar Verma, as a result of which, Shalabh Kumar Verma sustained injuries and subsequently died. Further submission of learned counsel for the petitioner is that a show-cause notice was issued to the petitioner by the District Magistrate, Unnao on 18.11.2010 for cancellation of petitioner's arms license. The petitioner submitted his reply, mentioning therein that he has falsely been implicated in Criminal Case No. 494/10 under Sections 302/118/201 I.P.C. and under Section 27/30 Arms Act, whereas he never used his pistol, rather he himself was attacked at his residence and his brother called the police by dialing phone no. 100. Thereafter, by means of order dated 12.08.2011, the District Magistrate, Unnao suspended the arms license of the petitioner for a period of six months or till disposal of Criminal Case, whichever is earlier. The petitioner, feeling aggrieved against the said order, preferred an appeal before the Commissioner, Lucknow Division, Lucknow, but the same was rejected by means of order dated 22.02.2012. Further submission of learned counsel for the petitioner is that as the license of the petitioner was suspended for a period of six months or till disposal of criminal case, whichever is earlier and the said six months' period has already expired long back, but till date the District Magistrate, Unnao has not restored the petitioner's license. It is also submitted that after expiry of six months, no fresh order has been passed by the District Magistrate. The petitioner by means of application/representation dated 02.03.2012 approached the District Magistrate for issuing directions to concerned Police Station for handing over his Arms along with license, but no action has been taken on the same by the District Magistrate, Unnao, therefore, the petitioner is constrained to approach this Court by means of present writ petition. The petitioner by means of application/representation dated 02.03.2012 approached the District Magistrate for issuing directions to concerned Police Station for handing over his Arms along with license, but no action has been taken on the same by the District Magistrate, Unnao, therefore, the petitioner is constrained to approach this Court by means of present writ petition. Learned counsel for the petitioner after arguing at some length submitted that ends of justice would be served if necessary directions are issued to District Magistrate, Unnao to consider and decide the application of the petitioner dated 02.03.2012 (Annexure No. 7 to the writ petition) within time frame fixed by this Court. Learned Standing Counsel has no objection to the prayer of learned counsel for the petitioner. Admittedly, petitioner's license was suspended by means of order dated 12.08.2011 for a period of six months or till disposal of criminal case, whichever is earlier and apparently six months' period has already expired long back, but no fresh order has been passed for extension of suspension period of arms license of the petitioner. The petitioner has already approached the District Magistrate, Unnao by means of application/representation dated 02.03.2012, but no action has been taken on the same. In view of the above, the present writ petition is disposed of with a direction to District Magistrate, Unnao to consider and decide the application/representation of the petitioner dated 02.03.2012 (Annexure No. 7 to the writ petition), with respect to handing over the arms along with license to the petitioner, in accordance with law within a period of two months from the date of receipt of a certified copy of this order and communicate the decision so taken to the petitioner. With the aforesaid observations and directions, the writ petition is disposed of. _