DINESH KUMAR SINGH Vs. COMMISSIONER, FAIZABAD DIVISION

JUDGEMENT

(1.) Heard Sri Prashant Singh Atal, learned counsel for the petitioner, Sri Neeraj Chaurasia, learned Standing Counsel for opposite parties and perused the record. By means of present writ petition, petitioner has challenged the order dated 25.10.2012 (Annexure No. 2) passed by opposite party No. 2/District Magistrate, Sultanpur thereby cancelling the arm license of the petitioner and the order dated 28.5.2014 (Annexure No. 1) passed by opposite party No. 1/Commissioner, Faizabad Division, Faizabad by which petitioner's appeal was dismissed.

(2.) Facts, in brief , of the present case are that on 26.6.2012 a show cause notice was issued to the petitioner under section 17(3) of the Arms Act (herein after referred to as 'Act') on the basis of letter dated 22.6.2012 of Superintendent of Police Sultanpur along with report submitted by S.H.O. Chanda, Sulanpur that 6.8.2012 petitioner had misused his licensing pistol and fired at Sri Aniruddah Singh so in view of the said fact an FIR was lodged and on the basis of which a case crime No. 264 of 2012 under Section 307 IPC has been registered against him.

(3.) After receiving the show cause notice, petitioner submitted his reply inter alia stating therein that arm license has been granted to him in order to protect his life because he is the agent of Life Insurance Corporation of India and National Insurance Company Limited. He further submits that neighbour of the petitioner trying to construct boundary wall so father of the petitioner has raised objection on 21.4.2012 for constructing the boundary wall and made a complaint against Sri Aniruddah Singh but no action has been taken by the police-station concerned. However a proceedings under Section 107/116 has also been started against the petitioner. Sri Aniruddah Singh has lodged a false FIR against the petitioner on the basis of which Case crime No. 264 of 2012 has been registered against him. It is also stated in his reply that he had neither misused the licensing pistol nor had fired at Sri Aniruddah Singh and he has no criminal history rather he has been falsely implicated in forge FIR. Sri Aniruddah Singh has also filed an objection in the matter in question.