SUNEEL Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) The present writ petition has filed by petitioner under Article 226 of the Constitution of India with the following prayers:

(2.) The learned counsel for the petitioner submits that the petitioner was having a fire arms licence No.1132/2013 on which N.P.P. Rifle No.AB-84-2136 is registered and a first information report dated 28.07.2015 was lodged against the petitioner and a Case Crime No.123/2015, under sections 307/504 IPC, P.S. Bhamana, District Bareilly was registered and on the basis of the aforesaid F.I.R, Senior Superintendent of Police, Bareilly sent a show cause notice dated 25.08.2016 to the petitioner for cancelling the fire arms licence of the petitioner and the petitioner was directed to submit his reply. In response to the said show cause notice, petitioner has submitted his reply on 16.12.2016 and it was stated in the reply of the petitioner that he was enlarged on bail in the case and his fire arms was not used in that incident and the session trial is pending before the Court of Additional Session Judge, Court No.13, Bareilly.

(3.) Learned counsel for he petitioner further submitted that on the basis of the above allegations and notice a case was registered against the petitioner, under Section 17(3) of the Arms Act, 1959 (State Vs. Sunil) before the Court of District Magistrate, Bareilly, the District Magistrate, Bareily by his order dated 10.04.2017 cancelled the firm arms licence of the petitoner. Thereafter the petitioner challenged the above order by filing an appeal under Section 18 of the Arms Act before the Commissioner, Bareilly Region, Bareilly.