SUKHDEV SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT petition is filed assailing the order dated 17th December, 2012, passed by the District Magistrate, Udham Singh Nagar as well as judgment / order dated 20.09.2013, passed by the Commissioner, Kumaon, Nainital whereby arms licence of the petitioner was revoked and appeal filed by the petitioner was dismissed.

(2.) BRIEF facts of the present case, inter alia, are that petitioner was granted arms licence No.1257/G11/GPR/90 to have D.P.L. An F.I.R. No. 35 of 2008 was got registered against the petitioner under Sections 147 and 323 I.P.C. on 16.05.2008 at Police Station Kunda, District Udham Singh Nagar. Petitioner ultimately acquitted in F.I.R No. 35 of 2008, Police Station Kunda, District Udham Singh Nagar by the Judicial Magistrate, Kashipur, Udham Singh Nagar vide judgment dated 26.02.2010, annexure No.3 to the writ petition. Petitioner was issued a show cause notice by the District Magistrate, Udham Singh Nagar as to why arms licence granted to the petitioner be not revoked. Petitioner filed his explanation to the show cause notice on 25.02.2010. District Magistrate, vide impugned order dated 17th December, 2012 was pleased to revoke the arms licence of the petitioner on the ground that although petitioner was acquitted in Criminal case being F.I.R. No. 35 of 2008, however as per the report of the police, he was found to be quarrelsome man, therefore, his arms licence was liable to be revoked. Petitioner, filed appeal before the Commissioner which was also dismissed by the learned Commissioner vide order dated 20.09.2013.

(3.) ARMS licence can be revoked or suspended if either of the conditions mentioned in sub -section (3) of Section 17 of the Act is satisfied. Besides this, arms licence can also be revoked on the application of the licence holder.