INDRAJIT SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Notice of this writ petition was given to the learned Standing Counsel on 7/06/1990. However, no counter-affidavit has been filed. As the writ petition can be disposed of on a short legal question. The learned standing counsel has agreed that a counter-affidavit is not necessary in the facts and circumstances of the case. The parties' counsel are agreed that this writ petition may be disposed of finally at this stage.

(2.) Petitioner is a licencee for S.B.B.L. Gun, under which he purchased S.B.B.L. Gun No. 2840. Petitioner was served with a show cause notice dated 19-12-1984 as to why his licence may not be cancelled. By this notice, the licence was suspended. The notice has been filed as Annexure No. 1 to the writ petition. In this notice only one criminal case detailed as Crime No. 307/84 under Ss. 302 and 307, I.P.C. has been mentioned. The petitioner filed his reply in which he stated that he has already been acquitted in the case mentioned in the notice and there is no ground for cancelling his licence. In his reply he also stated that his village is 12 kms. away from the police station Baberu and the keeping of the gun is necessary for the protection of his life and property. The respondent No.2 by his order dated 18/02/1988, Annexure No. 3 to the writ petition cancelled the licence of the petitioner. The respondent No. 2 has relied on a criminal case under Ss. 451, 504 and 506, I.P.C. for cancelling the licence on basis of the affidavit filed by police Sub-Inspector. It is pertinent to note here that about this, no supplementary notice was served on the petitioner calling upon him to give his explanation about the alleged case.

(3.) Aggrieved by the order of the respondent No. 2, the petitioner filed an appeal before the respondent No. 1. At appellate stage, he filed the copy of the order dated 11-9-1981 showing that he was acquitted in Sessions Trial No. 17 of 1980 arising out of Crime No. 306 of 1984. The respondent No. 3 dismissed the appeal by his order dated 23/04/1990 relying on the same criminal case under Ss. 451, 504 and 506, I.P.C.