UMESH CHANDRA GUPTA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Santosh Kumar Pandey, learned counsel for the petitioner, learned Standing Counsel for the State and perused the record.

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

(3.) Brief facts of the case as stated in the writ petition are that petitioner was granted an arms licence for rifle bearing no. A-B 13832017 after due enquiry. A criminal case bearing Case No.1189 of 2010, under Ss. 452, 323 504, 506 and 427 I.P.C. was lodged against the petitioner by his brother which was pending at that time. The above mentioned rifle was robbed from the petitioner by the elder brother- Munish Chandra Gupta hence F.I.R. was also lodged by petitioner on 21/2/2012, under Sec. 395, 397 I.P.C. Petitioner was issued show cause notice as to why his licence be not cancelled under Sec. 17 (3) (b) of the Arms Act, petitioner replied the notice but respondent no.2- District Magistrate, Moradabad cancelled the petitioner's firearm licence by order dtd. 11/1/2013 in view of pendency of criminal case against the petitioner as well as on the ground that petitioner can misuse his firearm in future.