SHIV SHANKER Vs. COMMISSIONER ALLAHABAD DIVISION AND ORS.

JUDGEMENT

(1.) HEARD learned Counsel for the parties. Petitioner's arms licence was initially suspended on 26.6.1996 against which appeal was filed which was dismissed on 23.9.1997. Meanwhile through order dated 22.4.1997 passed by District Magistrate, Fatehpur in case No. 525 of 1996 under Section 17 Arms Act licence had been cancelled on the ground that proceedings were initiated against the Petitioner under Section 151/107/116 Code of Criminal Procedure.

(2.) AGAINST order dated 22.4.1997, Petitioner filed appeal No. 8 of 1998 -99. Commissioner, Allahabad division, Allahabad dismissed the appeal on 21.12.1999 hence this writ petition.

(3.) FOR the reasons mentioned above, writ petition is allowed. Impugned orders dated 22.4.1997 and 21.12.1999 are set aside. However, if during the pendency of the writ petition some other criminal case was initiated against the Petitioner, apart from the one in which he was acquitted on 6.10.2004, (certified copy of which judgment has been placed on record), fresh proceedings for cancellation of gun licence may be initiated.