BENI CHAND Vs. DISTRICT MAGISTRATE BANDA

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution praying that the order of, suspension of the licences for holding fire-arms passed by the District Magistrate of Banda be quashed and the District Magistrate of Banda may be directed to refrain from giving effect to the order. The facts shortly stated are these.

(2.) The petitioner belongs to a well-known family of Banda, his ancestors having served as treasurers to the Nawab of Banda and later as the first treasurer to the British Government. He was the senior Vice-Chairman of the Banda District Board and also of the Banda Municipal Board. He was also a Special Magistrate and Extra Assistant Recruiting Officer of the district of Banda during the two world wars and was also one of the premier landlords of Banda. As a reward of the services rendered by him, he was awarded a revolver as a "sword of honour" in the Durbar of 1918. Originally he was exempted from the operation of the Arms Act, but after the enforcement of new Rules under the Arms Act, a life licence had been granted to him in respect of the revolver and a D. B. B. L. gun. On 6-11-1951 one Deonath is alleged to have thrown acid over Dr. Shyam Lal. The petitioner and another person, namely, Sri Shyama Charan Bajpai, M.L.A., were also considered to have been in conspiracy with Deonath in the throwing of the acid over Dr. Shyam Lal. They were prosecuted under Section 120B read with Section 324, Penal Code. The case against Deonath as well, as against the petitioner and Sri Shyama Charan Bajpai is still pending in the Court of a Magistrate of Banda.

(3.) The applicant's case is that he has been falsely implicated in that case on account of the political rivalry between him and Dr. Shyam Lal.