SHRAVAN KUMAR Vs. COMMISSIONER DIVISION LUCKNOW

JUDGEMENT

(1.) Heard Shri Manoj Kumar Yadav, Advocate holding brief of Shri Ganesh Kumar Gupta, learned counsel for petitioner, learned Standing Counsel for the State and perused the material available on record.

(2.) By means of the present writ petition, the petitioner has challenged the order dtd. 20/9/2012 passed by the District Magistrate, Lakhimpur Kheri whereby in exercise of powers under Sec. 17 of the Arms Act, 1959, he has cancelled the arm licence of the petitioner as well as order dtd. 3/11/2015 wherein the appeal filed against the order of the cancellation has been rejected by the Commissioner, Lucknow Division, Lucknow.

(3.) It has been submitted by learned counsel for the petitioner that he was issued an Arm Licece No. 659/95 DBBL Gun No. 7402115. Subsequently, an FIR was lodged against the petitioner and his cousin namely, Sheo Pujan in Case Crime No. 842 of 2010, under Sec. 3/25/30 of the Arms Act at Police Station Phool Behad, District Kheri where it was alleged that the licensed gun of the petitioner was recovered from Sheo Pujan. Merely on account of recovery of the gun, notice was issued to the petitioner as to why his licence be not cancelled. The petitioner replied to the show cause notice and denied the allegations therein and further submitted that there is no criminal case lodged against the petitioner and only for a short period of time had kept the gun at a particular place and left. When he returned back he found that the gun has been taken away by the police parties and an first information report was lodged. It seems that the petitioner did not participate any further in the proceedings before the Licensing Authority/District Magistrate. Consequently, the impugned order dtd. 20/9/2012 was passed by the District Magistrate holding that the allegations against the petitioner were correct and cancelled his arm licence.