RAKESH KUMAR Vs. COMMISSIONER, MORADABAD DIVISION

JUDGEMENT

(1.) THE petitioner has come up against the order of District Magistrate dated 24.6.2009 and the order in appeal dated 12.5.2011 affirming the same whereby the arms license of the petitioner has been cancelled.

(2.) THE arms licence of the petitioner was cancelled on the ground that the petitioner was involved in a criminal case being case crime no. 187 of 2009 under section 302 IPC

(3.) A perusal of the record shows that initially a case was registered against the petitioner under Section 302 IPC which was later on converted into Section 304 IPC. During the pendency of the appeal before learned Commissioner the petitioner appears to have produced a copy of the judgment of the trial court dated 26.8.2009 acquitting the petitioner. A perusal of the judgment and order dated 26.8.2009 passed by the trial court clearly indicates that the trial court, after discussing the entire evidence available on record, found the petitioner innocent. The said judgment also indicates that it was a clean acquittal. The order dated 24.6.2009 passed by the District Magistrate, Jyotiba Phule Nagar further indicates that the fire arm licence was cancelled merely on the basis of pendency of the aforesaid solitary criminal case.