KULVANTA SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present writ petition has been preferred by the petitioner who holds a arms licence for Rifle, as well as, Revolver bearing licence no. AV-99/5253, licence no. 69/G-11 and Revolver no. 4418, licence no. 13861.

(2.) The respondent had issued the notice under Sec. 17 of the Arms Act wherein he has expressed that in view of certain proceedings conducted against the petitioner under Sec. 116 (3) of Cr.P.C. and the report as given by the Sub-Divisional Magistrate on 11/6/2013 the petitioner's licence deserved to be surrendered. In response to the said show cause notice as issued to the petitioner on 15/7/2013 in Case No. 52/09 of 2013 'State vs. Sri Kulvanta Singh' the petitioner had given a detailed reply on 27/1/2013, wherein he has taken a stand that there may not be any apprehension of breach of peace merely because of the fact that there are certain inter se dispute pertaining to the immovable property between him and other claimants of the same. There were various other grounds which were taken to the effect that the entire action is motivated, as it has been preceded on the basis of certain complaints which has been maliciously submitted against the petitioner by the opponents of the petitioner and thus the notice dtd. 15/7/2013 deserved to be rejected.

(3.) It is the case of the petitioner that without considering the grounds taken by the petitioner in reply submitted by him on 27/1/2013 and without considering the explanation given by the petitioner, the impugned action has been taken of canceling his arms licence exclusively on the basis of the procured report dtd. 11/6/2013, which is said to have been submitted to the District Magistrate, wherein, a reference has been made that as against the petitioner the proceedings under Sec. 107/116 of Cr.P.C. is pending. In reply to it, learned counsel for the petitioner had submitted that there is no such proceedings ever initiated or pending against the petitioner under Sec. 107/116 of Cr.P.C., which has been filed and pending against him and in support of the said argument he has placed on record on the basis of the information which he has received under the Right to Information Act on 20/8/2015 wherein it has been informed in reply that there is no such proceedings under Sec. 107/116 of Cr.P.C., which is pending against him and answer is in negative.