AYAZUDDIN SIDDIQUI Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) With the consent of learned counsel for the parties, present petition is heard and is being disposed of by this judgment today itself. IA No. 2515 of 2015 stands disposed of accordingly.

(2.) Present petition is filed assailing the judgment and order dated 8.8.2007 passed by the District Magistrate, Chamoli, whereby Arms Licences of the petitioner being No. 847 of Revolver No. 212-RAJ and 847/86 of SBBL Gun No. A-1 4627 were cancelled, as well as the judgment and order dated 1.11.2012, whereby the appeal filed by the petitioner was dismissed by the Divisional Commissioner, Garhwal Mandal, Pauri Garhwal.

(3.) Brief facts of the present case, inter alia, are that the petitioner was having arms licenses being No. 847 of Revolver No. 212-RAJ and 847/86 of SBBL Gun No. A-1 4627; on 8.4.2002, Km. Bimla, daughter of Abbal Singh, resident of Village Bherni, Patwari Kshetra Gandasu, Tehsil & District Chamoli got registered one FIR being Case Crime No. 47 of 2002 under Section 354/32/506 IPC against the petitioner; on 8.4.2002, when the FIR was registered for the alleged incident, both the arms were not with the petitioner and were with the police, as the same were deposited by the petitioner himself with the police prior to the incident, under the orders of the District Magistrate Chamoli due to Assembly Elections; on the report of the Superintendent of Police dated 10.5.2002, show cause notice was issued to the petitioner showing cause as to why arms licenses issued in his favour be not cancelled and, thereafter, vide impugned order dated 8.8.2007, arms licenses of the petitioner were cancelled; feeling aggrieved, the petitioner filed a statutory appeal No. 1 of 2007-08, which came to be dismissed vide order dated 1.11.2012; hence, the present petition under Article 226 of the Constitution of India.