SUNIL SINGH Vs. STATE OF UP

JUDGEMENT

(1.) The present Writ Petition has been filed under Article 226 of the Constitution of India, inter alia, praying for quashing the order dated 10/4/2007 (Annexure-4 to the Writ Petition) passed by the District Magistrate, Chandauli (respondent No.3) and the order dated 30/6/2007 (Annexure-5 to the Writ Petition) passed by the Commissioner, Varanasi Division, Varanasi (respondent No.2).

(2.) It is, inter alia, averred in the Writ Petition that the petitioner is a license holder of 12 Bore D.B.B.L. Gun; and that the license of the said Gun was issued having License No.8017 in favour of the petitioner by the District Magistrate, Varansi on 1/10/1994 after completing all the required formalities; and that the said Gun License was renewed by the authority concerned till 31/12/2009. It is, inter alia, further averred in the Writ Petition that the petitioner never misused his licensed Gun since 1994, and no complaint of misuse of Gun was ever made against him by any person; and that the petitioner is a businessman and the area, to which he belongs, is naxalite affected area, therefore, for his safety purpose the petitioner applied for Gun license, and the same was issued to him.

(3.) It is, inter alia, further averred in the Writ Petition that on 10.03:2007, the Police of Police Station Balua, District-Chandauli submitted a Report against the petitioner recommending for cancellation of his Gun license; and that in the said Report, the concerned Police Station has submitted that the petitioner is a man of criminal nature and he is involved in (1) Case Crime No.56 of 2005, under Sections 323,504 IPC, Police Station Balua. District-Chandauli, and (2) Case Crime No.98 of 2006, under Sections 420, 485, 486,487. 488 IPC and Section 63 of the Copy Rights Act, Police Station Balua, District-Chandauli.