LAWS(ALL)-2007-3-197

PRAMOD SINGH Vs. STATE OF U P

Decided On March 23, 2007
PRAMOD SINGH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) ASHOK Bhushan, J. Heard Counsel for the petitioner and the learned Standing Counsel appearing for the respondents.

(2.) BY this writ petition the petitioner has prayed for quashing the order dated 12-2-2007 passed by the District Magistrate suspending the fire-arm licence of the petitioner and directing him to deposit the same at the police station. Simultaneously, the petitioner was directed to show-cause as to why his licence be not cancelled. The District Magistrate in his order dated 12- 2-2007 on the basis of the report dated 7-2-2007 of the Superintendent of Police, the report dated 2-2-2007 of the Incharge Inspector, Kotwali and the Circle Officer dated 5-2-2007 felt satisfied that the action of the petitioner has endangered public safety on account of which it is not desirable to permit the licence to remain with the petitioner. The order refers to case crime No. 48 of 2007 under Sections 143, 149, 436, 336, I. P. C. and Section 7 of Criminal Law Amendment Act, which was registered against the petitioner on 29-1-2007 in which it was alleged that a U. P. S. R. T. C. Bus was damaged and set to fire by putting kerosene oil and further the petitioner has fired from his licenced rifle terrorising the people.

(3.) THE first submission of the learned Counsel for the petitioner is that the suspension order having not made for any definite period the same is illegal and contrary to the provisions of Section 17 (3) of the Arms Act.