GIRISH KUMAR TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Counsel for petitioner and learned Standing Counsel.

(2.) Petitioner holds fire arm licence, for possession of a Rifle and a Pistol. An order was issued by the State Government directing all the licenced fire arm holders to deposit their weapons during the period of election. The petitioner did not deposit the arms. A report was submitted by the Superintendent of Police on which proceeding for revocation of licence were initiated. A show cause notice dated 25.10.2000 was given to the petitioner and was served upon him. He did not file any reply nor appeared before the licensing authority. The District Magistrate found that the petitioner failed to comply with the directions issued by the State Government and revoked the licences. The petitioner challenged the order dated 21.6.2002 before the Commissioner, Vindhyachal Region, Mirzapur. His appeal has been dismissed by the Commissioner on 23.9.2003.

(3.) Counsel for petitioner states that the petitioner suffered a fire arm injury on his palm and was hospitalized from 10.8.2000 to 14.8.2000. He submits that petitioner did not receive any notice from the District Magistrate. He further submits that a fire arm licence cannot be revoked, unless and until the weapon has been misused, and has relied upon a judgment of this Court in Iftikhar Khan Vs. State of U.P. and others, 2002 (44) ACC 747 (Alld) ,' in which it was held that mere involvement in a criminal case or pendency of a criminal case did not affect public security and public property, and that on these grounds the proceedings for cancelling or revoking the licence cannot be initiated.