RAGHUVEER SINGH Vs. COMMISSIONER

JUDGEMENT

(1.) I have heard Sri Akash Gupta holding brief of Sri T.S. Dabas, learned counsel for the petitioner and Sri Rakesh Kumar Singh, learned Standing Counsel appearing for Respondent Nos. 1 and 2.

(2.) By means of this writ petition the petitioner has challenged the order dated 2.1.2003, passed by the District Magistrate, Rampur in Case No. 397 of 1999 under Section 17 of the Arms Act, 1959, (State Vs. Raghuveer Singh) (Annexure-4 to the writ petition) by which the petitioner's Fire Arms Licence No. 1240/TT of double-barrel gun No. 7882 was cancelled. The appellate order dated 24.8.2006 passed by the Commissioner, Moradabad Mandal, Moradabad dismissing the petitioner's Appeal No. 26/02-03 under Section 18 of The Arms Act, 1959 (Ram Prasad Vs. State of U.P.) District Rampur (Annexure-6 to the writ petition) is also under challenge.

(3.) Briefly stated the facts of the case are that the petitioner was granted licence No. 1240/TT of double-barrel gun on 2.9.1995. A criminal case, bearing Crime Case No. 181 of 1999 under Sections 323 , 504 , 506 IPC and Section 3(1) (X) of The Schedule Caste and Scheduled Tribe (Prevention of Atrocities) Act , 1989, P.S. Milak, District Rampur, was registered against the petitioner. In view thereof, the police of Police Station-Milak submitted a report dated 20.7.1999 to the District Magistrate/Collector, Rampur recommending cancellation of the petitioner's fire arms licence, as it was not in the public interest that the fire arm remain with the petitioner.