MUBARAK AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) By means of the present writ petition, the petitioner challenges the order dated 273.2014 passed by the respondent No. 2, Commissioner, Chitrakoot Dham Mandal, Banda dismissing the appeal of the petitioner and confirming the order dated 16.3.2013 passed by the respondent No. 3, District Magistrate, Banda whereby he refused to grant fire arm licence to the petitioner. Brief facts of the case as put forth in the writ petition are that the petitioner is a permanent resident of village Jakhani, police station Girwan, Tahsil Atarra, District Banda, and is posted as a constable in 12th Battalian P.A.C., Fatehpur. He applied for grant of a fire arms licence for his personal security and safety on the ground that his village is situated in the remote interior area of District Banda; His younger sister Sedrun Nisha, was murdered by her husband (Najir) following which an F.I.R. was lodged and the accused persons were convicted; now since they have been released on bail, there is imminent danger to his life and property.

(2.) The application for grant of arms licence was submitted before the licensing authority, who in turn, processed the same and called for the reports from the revenue as well as police authorities. The said application was rejected by the licensing authority i.e. respondent No. 3 vide order 16.3.2013. Being aggrieved with the said order, the petitioner preferred an appeal before the Commissioner. The appeal too was dismissed on the ground that there was no threat perception to the petitioner's life or property, which would justify the grant of arms licence to him. Hence the present writ petition.

(3.) Heard learned Counsel for the petitioner, learned Standing Counsel and perused the material brought on record.