SURESH GIRI Vs. DISTRICT MAGISTRATE, UDHAM SINGH NAGAR

JUDGEMENT

(1.) Present petition has been filed by the petitioner for direction to the respondent/District Magistrate Udham Singh Nagar to issue an arm license to the petitioner, in pursuance to his application dated 21.08.2015, considering the necessity of the petitioner and report of the authorities in favour of the petitioner.

(2.) It is submitted by the learned counsel for the petitioner that the petitioner is a permanent resident of Pateri, P.S. Kichha, Tehsil Kichha, District Udham Singh Nagar. The brother of the petitioner was murdered on 23.01.2003 and the petitioner is a witness in this case. Since, the petitioner is the main witness; therefore, there is a danger to his life. Petitioner wanted an arm for his personal safety. Therefore, he submitted an application for arm license on 21.08.2015. Thereafter, as per the procedure, Police Authorities and Tehsil Authorities submitted their reports in favour of the petitioner and also submitted that there is no case pending against the petitioner. It is also submitted in the report that the petitioner is the witness in the case of his brother's murder for which, petitioner requires arm license for his security. It is contended that inspite of the fact that the petitioner is in urgent need of an arm license and also the fact that petitioner has threat to his life, the District Magistrate Udham Singh Nagar has not taken any decision on the application of the petitioner. It is the contention of the learned counsel for the petitioner that the petitioner is entitled for an arm license. Learned Brief Holder appearing for the State of Uttarakhand also submitted that the decision in the matter will be taken expeditiously.

(3.) I have considered the submission made by learned counsel for the parties. In my view, in such case, where a person is an eye witness in a murder case, the police authority should also take care of his safety. Further, application made by such witness should be decided at the earliest.