HRIDAYA NARAIN TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) Head Sri B.K. Shukla, learned counsel for petitioner, Sri K.K. Shukla, learned State counsel and perused the record.

(2.) Petitioner/Sri Hridya Narain Tiwari, has been granted an arms licence No. 805 by the Licensing Authority/O.P.No. 2 against the same he holds N.P. Bore Revolver. By an order dated 12.12.2006 passed by Licensing Authority/District Magistrate, Ambedker Nagar, the licence of the petitioner has been suspended and he was asked to submit his reply that why his licence should not cancelled keeping in view the report dated 25.11.2006 and 21.11.2006 submitted by Superintendent of Police and Prabhari Nirikshat Kotwali, Akbarpur, District Ambedkar Nagar on the ground that the petitioner hadmisused his arm in an incident took place on 20.11.2006, as a result of which he has been implicated in Crime Case No. 134/2007 under Sections 419, 420, 467, 468 and 471 I.P.C. and in Case No. 107/116 Cr. P.C. as such a recommendation has been made by the police authorities of the district to the licensing authority that the petitioner should not be allowed to keep his arms with him in order to maintain public peace and safety (Lok Hit and Lok Parishanti), after receiving the same the petitioner submitted his reply.

(3.) After considering the reply submitted by the petitioner as well as taking into consideration the material facts/report on record, the report submitted by the Prabhari Nirikhak Kotwali, Akparpur dated 04.02.2013 that the petitioner has used his arm in a public place, thus keeping the public peace and safety as well as a criminal case initiated against him in which he has been enlarged only bail, the licensing authority/O.P.No. 2 by an order dated 09.04.2010 had cancelled the petitioner's arms licnece with a finding that the petitioner has misused his arms by firing in the incidence taken place on 20.11.2006 which is against the public peace and safety, so not entitled to retain the arms licence.