VINAY KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed by one Vinay Kumar assailing the order dated 27.5.2011, passed by Additional District Magistrate, City, Allahabad revoking show cause notice dated 30.1.2010 under Section 17(3) of the Indian Arms Act, 1959 and consigning proceedings initiated against Sri Ram Kishore Yadav, Respondent No. 7.

(2.) In brief submission of counsel for the Petitioner is that Respondent No. 7 is a convict in two criminal cases for an offence under Section 302 read with Section 34 Indian Penal Code yet proceedings for cancellation of his arms licence has been revoked by Respondent No. 3 in a wholly illegal and perverted manner. It is alleged that the impugned order has been passed by Respondent No. 3 with antedating when an application for transfer of the case was moved before the District Magistrate on 9.6.2011.

(3.) Respondents No. 2 and 3 have filed counter affidavit sworn by Sri Hansraj Sub-Divisional Magistrate, Sadar, Allahabad and Respondent No. 7 himself has filed counter affidavit through his counsel Sri Anil Tiwari. Pursuant to this Court's order dated 25.7.2011 original record of cases No. 56 of 2010 and 57 of 2010 wherein impugned order has been passed was also produced before the Court.