AYODHYA PRASAD TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) K. C. Bhargava, J. This petition has been filed by the petitioner for quashing notice, dated 27-12-1991, Annexure-6 issued by the District Magistrate, Gonda for show ing cause to the petitioner as to why such licence of the gun be not cancelled.

(2.) LEARNED Counsel for the petitioner as well as learned State Counsel have been heard and they agree that this petition may be finally disposed of at this stage. LEARNED Counsel for the petitioner has argued that vide Annexure No. 6 a notice was issued to the petitioner on 27-12-1991 alleging therein the eight criminal cases are pending against the petitioner and as such it constitute a danger to the security of the public hence cause may be shown as to why the gun licence be not cancelled. LEARNED Counsel has argued that a similar notice was issued to the petitioner on the same facts on 28-11-1987, copy of which is Annexure- 1. A perusal of this notice will go to show that all the cases which have been shown in the notice, dated 28. 11. 1987 had not also been shown in the im pugned notice dated 27-12-1991. According to the learned Counsel the previous notice, dated 28-11-1987 has been set aside by the District Magistrate Gonda vide order, dated 3-2-1989, contained in Annexure-2. A perusal of this order will go to show that at that time except case Crime No. 71 of 1985 and 131 of 1986 rest of the cases are those cases which were pending and which were before a grant of licence and the gun licence was granted after the report of the police. Therefore all these cases which are pending have to be ignored on consideration on the basis of the fact on record at that time. The learned District Magistrate withdrew the notice, dated 28-11-1987.