RAM PRATAP SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) This writ petition has been instituted by the petitioner-arm licence holder to quash the arm licence cancellation order dtd. 17/2/1999 passed by the District Magistrate, Ghazipur/Licencing Authority and order dtd. 6/1/2004 passed by the Appellate Authority/Commissioner, Varanasi Region, Varanasi confirming the cancellation order.

(2.) In brief, facts of the case are that the petitioner is the resident of Village Jamuaon, Post Office Barsara, Police Station Karanda, District Ghazipur. He is a reputed person of his locality and he also possesses an arm licence of SBBL as Licence No.303/P/11 (SBBL No.15868). One Mithai Lal, active member of the naxali organization namely Bhartiya Communist Party (Male), Block Prabhari of the said organization, on 24/2/1997 lodged an FIR against the petitioner including six other persons. He wanted to spread the effect and influence of his organization in the concerned area to grab some property of the State Government with the help of other active members of the said organization, as a result, the villagers of the petitioner's village made an application before the revenue authorities as well as police authorities also and when he did not succeed in his purpose, he lodged the alleged FIR on the vexatious ground, however, there was no any specific role of the petitioner as mentioned in the alleged FIR. The FIR was lodged in Case Crime No.26 of 1997, under Ss. 147, 148, 149, 323, 342, 504, 506 IPC in which SHO, Karanda submitted report dtd. 28/10/1997 to respondent no.3 for cancellation of the licence of the petitioner. After receiving the report dtd. 28/10/1997, the respondent no.3 issued a show cause notice on 5/11/1997 (annexure no.2) to the petitioner directing him to appear before him on 2/12/1997 and explain as to why his licence may not be cancelled. The petitioner appeared before the respondent no.3 and submitted his reply on 20/4/1998 mentioning therein that he neither has criminal antecedent nor has committed any such offence as alleged and only on the political pressure, the FIR has been lodged on the false and vexatious grounds. It was also mentioned in the reply that no person of his village has lodged any FIR regarding the alleged incident and no such offence took place in the village but afterthought for mounting pressure on the reputed persons of the said area, the aforesaid FIR was lodged by the active member of naxali organization. However, without applying his judicial mind and on the ground of said FIR and police report, the respondent no.3 cancelled the arm licence issued to the petitioner vide order dtd. 17/2/1999 (annexure no.3 to the writ petition).

(3.) Being aggrieved by the order dtd. 17/2/1999, the petitioner filed an appeal under Sec. 18 of the Arms Act before respondent no.2 on 15/3/1999 praying for setting aside the order dtd. 17/2/1999. After hearing the matter, the respondent no.2, Commissioner, Varanasi Region, Varanasi, dismissed the appeal vide judgment and order dtd. 6/1/2004 (annexure no.5).