MAHENDRA BHATT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner's arms licence for 315 bore rifle No.50444 has been cancelled by the District Magistrate, Udham Singh Nagar vide order dated 18.01.2017 which has been affirmed in appeal by the Divisional Commissioner vide its order dated 25.08.2017. Aggrieved the petitioner has filed the present writ petition before this Court.

(2.) The petitioner was granted a licence for a rifle by the District Magistrate and subsequently the petitioner had purchased a rifle. On 11.10.2009, an FIR was lodged by one Prakash Chandra Arya alleging that he is a person belonging to the Scheduled Caste Community and the petitioner along with other persons who were armed with weapons had assaulted him and tried to take possession of his land. The FIR was registered under Sections 147, 148, 149, 452, 504, 506, 323 and 427 of IPC and under Section 3 (1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) The case of the petitioner before this Court is that against the said FIR, he filed a criminal miscellaneous application under Section 482 of the Code of Criminal Procedure before this Court, in which Section 3 (1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 was deleted and now the petitioner is facing trial under sections 147, 148, 149, 452, 504, 506, 323 and 427 of the IPC.