HUKUM CHAND Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition is directed against the order dated 15.12.2000 passed by District Magistrate suspending firearm licence of petitioner till criminal case pending against him is finalised and the appellate order dated 10.01.2001 passed by Commissioner rejecting petitioner's appeal.

(2.) The District Magistrate in the present case issued show cause notice dated 19.7.1999 requiring petitioner to show cause why his firearm licence may not be cancelled or suspended. He referred to report dated 10.6.1999 of Sub Divisional Magistrate Bihata, Gokul stating that on 9.6.1999, petitioner abused and assaulted one Satya Prakash son of Makrand Pasi, his father and brother, locked them in a room in his house and after assaulting with his licensed gun also threatened them to kill. In this regard a criminal case no. 108 of 1999 under Sections 342/323/504/506 IPC read with Section 3(1)(x) of SC/ST Act was registered and a chargesheet was also submitted which shows that petitioner used to threaten general public, misusing his gun and is likely to commit any serious offence at any point of time causing threat to public safety. The petitioner submitted his reply/objection dated 12.8.1999, controverting allegations levelled against him and said that he was falsely implicated in the aforesaid case. He also stated that on the alleged date and time of incident, he was ill and hence question of committing such an offence on the said date, time and place could not have arisen. He denied of having used his weapon for any disturbance of public peace and safety at any point of time.

(3.) Thereafter the District Magistrate passed impugned order dated 15.12.2000 suspending firearm licence of petitioner till disposal of the aforesaid criminal case. The District Magistrate referred to pendency of criminal case against petitioner before the court and also that the petitioner since has admitted enmity with one Rakesh son of Indra Pal of his village, possibility of misuse of firearm cannot be ruled out. He also referred to some report dated 23.9.2000 received from Station Officer of concerned Police Station, stating that another criminal case has been registered against petitioner during pendency of the same, therefore, it would justify an inference that petitioner can dare misuse of his weapon at any point of time. Hence, considering the aspect of public peace and safety, it would be justified that he should be directed to surrender his weapon after suspending his licence under Section 17(3) of Act 1959. He passed order accordingly. This order has been challenged in appeal before the Commissioner who rejected appeal by appellate order dated 10.1.2001.