RAKSHPAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The Petitioner possess a fire-arm license No. 8816 whereupon an entry of Gun No. S.B.B.L. 10718 exist. It has been alleged that a Criminal case being Case Crime No. 400/07 under Sections 307 and 504 I.P.C. was registered against the Petitioner. The aforesaid license was suspened on 31st July, 2007. The order of suspension besides mentioning the factum of registration of the aforesaid criminal case further stated that Petitioner used aforesaid gun in the crime which was recovered by the local police and the Petitioner could not show his gun, when required. Hence another case No. 401 of 2007 under Sections 25 and 30 Arms Act was also registered. On the recommendation of the Station Incharge, which was approved by Senior Superintendent of Police, Aligarh, Additional District Magistrate suspended arm license vide order dated 31st July, 2007 and thereafter passed final order on 8th July, 2008 cancelling the said license. The petitioner preferred an appeal under Section 18 of Arms Act on 8th August, 2008 which has been rejected on 5.5.2010.

(2.) During pendency of the appeal, Criminal case under Sections 307 and 504 I.P.C. was decided vide judgment dated 17th June, 2009 wherein the Petitioner was not only acquitted but the trial Court also directed for registration of a case under Section 182 I.P.C. against Bani Singh PW-2 for lodging a false report against the Petitioner.

(3.) This fact was brought to the notice of Commissioner, Aligarh but ignoring the same, observing that license was cancelled in order to maintain law and order on the recommendation of Senior Superintendent of Police, Commissioner rejected the appeal by order dated 5th May, 2010 and confirmed order of cancellation.