RAJESH KUMAR SHAH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Undisputed brief facts of the present case, inter alia, are that petitioner was holding arms licence; F.I.R. was got registered against the petitioner for the offence punishable under Sections 307 and 354 I.P.C. with Police Station Bhowali, District Nainital, being F.I.R. No. 2 of 2012; after investigation, Police submitted chargesheet for the offence punishable under Sections 354, 504 and 188 I.PC.; petitioner was acquitted from the charges by the learned Chief Judicial Magistrate, Nainital vide judgment dated 25.08.2012, annexure No.2 to the writ petition; a show cause notice was issued to the petitioner by the District Magistrate, Nainital on 02.02.2012 calling the explanation from the petitioner as to why his arms licence may not be cancelled; petitioner submitted his explanation to the show cause notice; vide order / judgment dated 01.08.2013, arms licence of the of the petitioner was cancelled by the District Magistrate, Nainital observing that although the petitioner was acquitted by the C.J.M. Nainital, however, he was acquitted because material witnesses were declared hostile; it has further been observed by the District Magistrate in the impugned order that although petitioner fired shots from the licencee revolver but since he was acquitted for want of evidence, therefore, firing stood proved by the petitioner; order of the learned District Magistrate dated 01.08.2013 was challenged by the petitioner in a statutory revision before the Divisional Commissioner, Kumaon, Naintial which too was dismissed vide judgment dated 31.10.2013; feeling aggrieved, petitioner has preferred present writ petition under Article 226 /227 of the Constitution of India.

(2.) It is true that initially F.I.R. was registered against the petitioner for the offence punishable under Sections 307 and 354 I.P.C. and it is also alleged in the F.I.R. that petitioner fired shot from the licensee weapon. However, fact remains that Police did not file any chargesheet for the offence punishable under Section 307 I.P.C. and chargesheet was filed against the petitioner only for the offence punishable under Sections 354, 504 and 188 I.PC. During the trial, prosecution could not prove any case against the petitioner for the offence punishable under Sections 354, 504 and 188 I.PC. too, therefore, petitioner was acquitted by the learned C.J.M. vide judgment dated 25.08.2012.

(3.) This Court in the case of Sukhdev Singh Vs. State of Uttarakhand and others, 2014 2 UD 207 in paragraph Nos. 4, 5, 6, 7, 9 and 11 has held as under:-