MOHD. SHAHID Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Mohd. Umar Khan, learned counsel for the petitioner and the learned standing counsel for the respondents.

(2.) The facts giving rise to the present case are that the petitioner is a licence holder of Fire Arm Licence No. 4872 (Revolver). Against him a show cause notice was issued on 18.2.2013 requiring the petitioner to file his reply to the report submitted by the Station Officer, P.S. Kotwali, district Shamli. Show cause notice dated 18.2.2013 is not on record. However, the petitioner has annexed another notice issued to him on 14.6.2014 by the Sub Divisional Magistrate, Shamli. The petitioner has filed reply to the show cause notice denying the allegations made in the show cause notice. Since the notice has not been annexed with the writ petition and the District Magistrate, Shamli, in his order dated 5.2.2015, has not discussed the contents of the notice, therefore, the reason for issuing show cause notice can only be gathered from the petitioner's reply and the observations made by the District Magistrate in his order. From the perusal of which, it transpires that in the Panchayat election on 12.3.2013, the petitioner had opened fire amongst public by showing his anger/anguish. The date on which he opened fire, section 144 of the Cr.P.C. was in force and in this way, the petitioner has misused his firearm. In the reply, the petitioner has denied the allegations of opening fire. The First Information Report was lodged by the respondent, being case crime no. 23/13 under section 188 Cr.P.C. (State Vs. Manish). It is stated that the petitioner is an employee in V.V. Inter College, Shamli and resides in Village Gulshan Nagar, Shamli, therefore, there was no occasion for him to open fire.

(3.) It is submitted by the learned counsel for the petitioner that on the vague assertions, without there being any plausible reason, the petitioner's firearm licence has been cancelled, which cannot be sustained in the eyes of law.