RAM MURTI MADHUKAR Vs. DISTRICT MAGISTRATE SITAPUR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned standing counsel and also perused the record.

(2.) By means of this petition under Article 226 of the Constitution of India, petitioner challenges the validity of the order dated 14-3-1991 passed by District Magistrate, Sitapur, suspending the licence of the petitioner's DBBL gun, during the pendency of the case crime No. 114/86 under Sections 147/148/149/307 of the I.P.C.

(3.) It appears that licence of the petitioner was renewed for the period ending on 31-12-1986. A police report dated 31-12-84 was submitted against the petitioner, on the basis of which show-cause notice was issued to him by licencing authority, calling upon him to show-cause as to why licence of his DBBL gun be not cancelled. Petitioner, on receipt of the notice submitted his explanation. District Magistrate, thereafter, by his order dated 27-2-1985 suspended the licence of the petitioner for a period of one year. In the meantime, petitioner was acquitted in the case crime No. 214 of 1986, referred to above. On his acquittal in the aforesaid case, petitioner applied for renewal of his licence after depositing the renewal fee. On the application of the petitioner, report of the police and superintendent of police were sent for. Police submitted its report in favour of the petitioner. But, the Superintendent of Police reported that a case under Sections 147/148/307 of the I.P.C. was pending against the petitioner. On the basis of the said report, District Magistrate suspended the licence of the petitioner by impugned order dated 14-3-1991.