GAYADIN Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as Learned Standing Counsel for the respondents. Counter and rejoinder affidavits have been exchanged and with consent of the learned counsel for the parties, this writ petition is being finally disposed of at the admission stage itself.

(2.) The petitioner was granted an arms license by the District Magistrate, Banda. Thereafter by an order dated 31.7.2002 passed by the District Magistrate the arms license of the petitioner had been placed under suspension and the petitioner was required to show cause why his license should not be cancelled. The petitioner in his reply submitted that all the cases, which had been filed against him, had been either decided in his favour or final reports had been submitted and thus there was no reasonable ground on which his license could be either suspended or cancelled. However, by the order dated 21.3.2003 passed by District Magistrate, Banda the license of the petitioner has been cancelled. The appeal filed by the petitioner against the said order has also been dismissed by the Commissioner, Chitrakoot Dham Division, Banda. on 22.4.2003. Aggrieved by the said orders the petitioner has filed this writ petition.

(3.) It has been categorically stated in the impugned order passed by the District Magistrate that although the petitioner has been acquitted in the criminal case under Sections 307/34 I.P.C. but a perusal of the judgment shows that his acquittal has been on technical grounds because all the witnesses had turned hostile. It has further been stated that the conduct, of the petitioner has not been good and he had been involved in cases under Sections 107/116 Cr.P.C. on five occasions. Besides this, the petitioner had been arrested on spot while committing breach of peace and thus his conduct not being very good, for the well being of the society, the arms license of the petitioner should be cancelled.