RASHID AZIZ Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The points involved in this bunch of writ petitions is similar and therefore they are being disposed of by a common order.

(2.) The three principal prayers made in the writ petitions are (1) that a writ of certiorari be issued for quashing the first information report dated 13-6-1996 which was registered as Case Crime No. 700 of 1996 under Sections 419, 420, 470 and 471, I.P.C.of police Station Coloneganj, Allahabad (2) that a writ of mandamus be issued commanding the respondents not to arrest the petitioners in pursuance of the aforesaid F.I.R.and (3) that a writ of mandamus be issued commanding the Senior Superintendent of Police, Allahabad not to compel the petitioners to deposit their weapons.

(3.) From the short counter-affidavit filed by Sri Jagdish Prasad Yadav, Arms Clerk, Collectorate Allahabad in writ petition No. 2287 of 1996, it transpires that the Senior Superintendent of Police of another district namely Ambedkar Nagar sent a letter dated 5-4-1996 to the District Magistrate, Allahabad making inquiry regarding the arms licences of certain persons who were arrested in connection with a criminal case in his district. The City Magistrate/Officer In-charge Arms, after inquiry, came to the conclusion that the entries made in the Arms Register, maintained in the office of the District Magistrate, Allahabad, showing grant of arms licences in favour of the aforesaid persons who had been arrested in district Ambedkar Nagar were forged and fictitious. The District Magistrate, Allahabad, then by his order dated 16-4-1996 constituted a three member committee consisting of Sri K.S.K.Dwivedi, A.D.M.(City), Sri K.N.Singh A.D.M.(Admn.) and Sri S.K.Singh, City Magistrate, Officer Incharge, Arms to hold an inquiry. The Committee after considering relevant document submitted a detailed report dated 13-6-1996 to the District Magistrate. After receipt of the report the District Magistrate passed an order on the same day i.e., on 13-6-1996 and as it has a bearing on the controversy involved, it is being reproduced in toto. The order of the District Magistrate was communicated to the Inspector In-charge Police Station, Colonelganj, who treating it as a first information report, registered a case as crime No. 700 of 1996 under Sections 419, 420, 470 and 471, I.P.C.The first information report is a verbatim reproduction, from beginning to the end, of the above quoted order. After the words' Zilladhikari Allahabad' which is at the bottom of the order one line has been added which reads as follows. "Licence Panjiyon men pratham dristaya pai gai shastra licenso Ki Pravistiyon Ki Sunchi." Translated into English it would read-list of the entries regarding arms licences in the arms Register which were prima facie found to be forged. Then there is a long list which contains about 346 names. The names of the person; number of the licence and its date and the nature of weapon for which the licence was issued is mentioned therein.