RAMESH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned standing counsel.

(2.) By this writ petition the petitioner has prayed for quashing the Order dated 7-2-2007 by which order the District Magistrate suspended the petitioner's arm license and directed him to deposit the same with the police station. By the same order a notice was also given to the petitioner to show cause as to why his license be not cancelled. The order of suspension was passed on the basis of report submitted by the In-charge Inspector, Kotwali, Circle Officer, Rudrapur and the Additional Superintendent of Police. The reason as noticed in the order for suspension was an incident which took place on 20-11-2006 in the after noon at 2.30 p.m. at the time of inauguration of the Primary Pathshala situate at village Fatehpur. At time of inauguration the petitioner along with his group killed one Ram Pravesh Nishad by his licensed pistol. A criminal case under Section 302 I.P.C. was also registered against the petitioner. The Distrist Magistrate recorded his satisfaction that from the act and behaviour of the petitioner on the above date it is clear that he is hot headed person with criminal tendency hence it is not in the interest of security of public to permit the arm licence to remain with such a person.

(3.) The learned counsel for the petitioner challenging the order raised following two submissions:-