SITA RAM DIXIT Vs. DIVISIONAL COMMISSIONER ALLAHABAD DIVISION

JUDGEMENT

(1.) The petitioner, who is freedom fighter, has invoked the jurisdiction of this Court under Art. 226 of the Constitution challenging the legality of the order dated 16-1-1987 passed by the Addl. District Magistrate (City) Kanpur Nagar revoking his fire arm licence in respect of a DBBL gun (licence No. 2909) and a revolver (licence No. 8757) and the order dated 26-2-1990 passed by the Commissioner Allahabad Division, Allahabad in appeal directed against the aforesaid order of revocation seeking the relief for quashing these orders.

(2.) Brief facts leading to the controversy in the petition are that:

(3.) The District Magistrate while accepting the position of acquittal of the petitioner in criminal cases (crime No. 824 of 1976) and (crime No. 609 of 1981) revoked the fire arm licences of the petitioner on the assumption that the petitioner has got enmity with other persons and his son Sri Alok Kumar Dixit is a noted criminal and the possibility of the misuse of the fire arms cannot be ruled out. The Commissioner dismissed the appeal saying that the petitioner is a person of criminal tendency and his son is a notorious criminal and the possibility of the mis use of the fire arm by him cannot be ruled out. Further it was stated that, in the criminal cases the petitioner was given benefit of doubt and there was no recommendation of the police for restoration of the licences and the Senior Supdt. of Police did not submit any such report. He only forwarded the police report to the District Magistrate without making any recommendation.