RAKSHA PAL SINGH Vs. DISTRICT MAGISTRATE JHANSI

JUDGEMENT

(1.) BY this petition a direction is sought to the opposite parties Nos. 2 and 3, namely, Superintendent of Police, Jbansi and Sri Umesh Chandra Mishra, S.O. Police Station Mauranipur, District Jbansi to return rifle and licence of the Petitioner deposited at police station. It is claimed that Petitioner who is a Sarpanch and respected member of Oacn Sabha was holding license No. 8169 for rifle No. 4946. This gun is stated to have been seized by opposite party No. 3, Station Officer, Police Station Mauranipur on 15 -2 -75 while Petitioner was going to attend a case under Section 107/117 Code of Criminal Procedure forcibly without any reason and in absence of any enquiry or order against him. It was not returned to him despite his requests and representations to the higher authorities. On the other hand effort was made to start criminal case against him. When the petition was presented on 11 -4 -75, the learned Standing Counsel was granted three weeks' time to file counter affidavit. But as no counter affidavit was filed, this Court directed opposite -party to return the gun to the Petitioner as there was no order from any authority directing suspension or cancellation of Petitioner 's license. The learned Standing Counsel has stated that the order passed by this Court has bee a complied. He has further informed that he had received instructions from the State Government not to contest the petition.

(2.) OPPOSITE party No. 3 has been impleaded in person and has been served. He has chosen to remain silent. The allegation that the rifle was snatched by opposite party No. 3 for no rhyme and reason and a false case under Section 323 and 353 IPC was started on the day the rifle was snatched on false report of a police constable remain uncontroverted. In absence of any material the inference is irresistible that Petitioner was victim of arbitrary action of opposite patty No. 3. Those who are entrusted with responsibility of maintaining law and order cannot afford to act with gross irresponsibility and callousness.

(3.) IN the result this petition succeeds and is allowed. As the rifle has already been returned no direction is needed. But opposite parties are restrained from taking any action against Petitioner on basis of taking over the rifle on 15th Feb. 1975.