PURSHOTTAM PANDEY ETC Vs. STATE OF U P

JUDGEMENT

(1.) TARUN Agarwala, J. In all these writ petitions, the petitioners have challenged the validity of the suspension order, by which their arms licence has been suspended. Since common issues have been raised, all these writ petitions are being decided together by a common judgment. The petitioners were granted an arms licence by the authorities under the Arms Act. By the impugned notice, the arms licence of the petitioners has been suspended and a notice has been issued to them to show-cause as to why their arms licence should not be revoked.

(2.) THE learned Counsel for the petitioners submitted that the suspension order has not been issued for a specified period and in fact it has been issued for an indefinite period. Another submission made is that the arms licence could not be suspended pending inquiry and that the weapon was not involved in the crime and therefore, the suspension of the arms licence could not be made on the ground that a criminal case was pending. One of the Counsels for the petitioner further made a submission that the petitioner had been absolved in the criminal case and that in another case, a final report had been submitted and therefore, such criminal cases could not be made a ground for the suspension of the arms licence.

(3.) IN view of the categorical subjective satisfaction being recorded by the prescribed authority in the impugned orders, this Court is not inclined to interfere in the suspension order. The writ petition fails and is dismissed. However, it is made clear, that in view of the decision of this Court in Sadri Ram v. District Magistrate, Azamgarh and Ors. , 1998 (37) ACC 830, and in the decision of Ravindra Singh v. State of U. P. and Anr. , 2004 (1) JIC 327 (All) : 2003 (53) ALR 484, holding that an arms licence could not be suspended for an indefinite period, I direct the authority to decide the objections of the petitioners and take a final decision in the matter within three months from the date of the production of a certified copy of this order. Petition dismissed. .