STATE OF U P Vs. RAKESH

JUDGEMENT

(1.) Heard Sri Vivek Shandilya, learned counsel appearing for the appellants and Sri Ramesh Pundir, learned counsel for the respondent.

(2.) On perusal of the record and the counter-affidavit filed by the District Magistrate, the learned single Judge arrived at the finding, which is reproduced as under:

(3.) After relying on the following various decisions of the Apex Court, namely S.R. Venkatraman v. Union of India and another, 1979 AIR(SC) 49; Mukesh Kumar Agrawal v. State of U.P. and others, 2009 13 JT 643; Somesh Tiwari v. Union of India and others, 2009 2 SCC 592; HMT Ltd. and another v. Mudappa and others, 2007 3 JT 112, the Writ Court held that the order of suspension of fire-arm licence travels in the realm of malice in law and thereafter imposed a cost of Rs. 5000/- in each writ petition.