RAM VILAS Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr. Anoop Kumar Mishra, learned counsel for the petitioner and learned Standing Counsel for the respondents-State.

(2.) This writ petition has been filed by the petitioner with a prayer to quash the order dtd. 2/8/2019 passed by the respondent no.2 in case No.377/2019 (computerized case No.C201918000000377) as well as the order dtd. 3/12/2018 passed by the respondent no.3 in appeal no.225/2017 (Computerized Case No.D201718210225).

(3.) The crux of the matter is that the petitioner, who had firearms license bearing no.5010 was served with show cause notice dtd. 12/7/2012 on the ground that there was a first information report registered against the petitioner bearing Case Crime No.217 of 2012, under Sec. 302 IPC, Police Station-Nidhauli Kala, District-Etah. There was another first information report registered against the petitioner in Case Crime No.105/2011, under Ss. 147, 148, 149, 323, 504, 506,324 IPC, Police Station-Nidhauli Kala, District-Etah, wherein after investigation, final report has been submitted by the Investigating Officer. On 2/5/2017, the petitioner submitted reply to the aforesaid show cause notice dtd. 12/7/2012 that he had been falsely implicated in the said case by the police party and, therefore, proceedings initiated for cancellation of firearms license should be dropped. After considering the reply of the petitioner, the respondent no.3 directed the respondent no.5 to submit afresh report. The report has been submitted on 1/8/2017 by respondent no.5, on the basis of which, without considering the reply of the petitioner, firearms license of the petitioner was cancelled vide order dtd. 3/8/2018 on the ground that criminal case is pending against him. Appeal against the aforesaid order has also been rejected by the respondent no.2 vide order dtd. 2/8/2019. Hence the present petition has been filed.