MOHD HAROON Vs. DISTRICT MAGISTRATE SIDDHARTH NAGAR

JUDGEMENT

(1.) ANJANI Kumar, J. This writ petition was heard and allowed by me on 25th September, 2002 for the reasons to be recorded later on. Now here are the reasons for allowing the aforesaid writ petition.

(2.) BY means of this writ petition under Article 226 of the Constitution of India, the petitioner, who is licensee of fire- arm, has challenged the order of the licensing authority/district Magistrate, Basti dated 9th April, 1986 (Annexure '1' to the writ petition) whereby the petitioner's fire-arm licence of DBBL Gun No. 68798 under Licence No. 489 was cancelled. Aggrieved thereby the petitioner preferred an appeal which was also dismissed vide order dated 10th August, 1992 by the appellate authority. The sole ground for cancellation of the fire-arm licence of the petitioner, was involvement of the petitioner in Case Crime No. 65/85 under Sections 147, 323 and 325 IPC which was subsequently converted into Sections 147, 148, 307, 336 and 504 IPC and it was registered as Sessions Trial No. 214 of 1989. Learned Counsel for the petitioner has annexed the copy of the judgment passed in S. T. No. 214 of 1989, dated 20th December, 1994. A perusal of the judgment demonstrates that all the accused persons were acquitted by the Additional Sessions Judge, Basti in the said sessions trial.

(3.) THIS petition, therefore, succeeds and is allowed. The order passed by the licensing authority dated 9th April, 1985 (Annexure '1' to the writ petition) and that of the appellate authority dated 10th August, 1982 are quashed. The petitioner is entitled for restoration of his fire-arm licences. If the fire-arm has been deposited, the same may be returned to the petitioner forthwith. Petition allowed. .