MOHD QASIM Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) Heard learned counsel for the petitioner Shri Rakesh Kumar Chaudhary and learned standing counsel appearing for the respondents.

(2.) Necessary facts draped in brevity are that the petitioner was given a notice by the District Magistrate. Sultanpur, the licensing authority which had issued fire arm licences to the petitioner to show cause as to why his licences may not be cancelled as two criminal cases being Case Crime No. 96 of 1985 under Sections 147, 148, 149, 353, 384. 341 and 211, I.P.C. P. S. Bewana, Ambedkar Nagar and Case Crime No. 49 of 1998 of P. S. Dostpur, district Sultanpur under Sections 307, 452, 504, 506, I.P.C. have been registered against him. This notice was issued on 22.4.1998 by the licensing authority, Sultanpur, in exercise of powers under the Arms Act. The petitioner submitted reply to the showcause notice. In the meantime, another notice was issued on 11.5.1999 by the licensing authority (District Magistrate), Ambedkar Nagar, against the petitioner to showcause as to why his fire arm licences may not be cancelled due to registration of aforesaid two criminal cases against him. The petitioner has submitted reply to earlier show cause notice dated 22.4.1998 as indicated above and thereafter an order was passed by the licensing authority, Sultanpur on 22.6.1999 in which it was held that the licensing authority was satisfied as it could not be proved that there is danger to public in case, the petitioner keeps his firearms with him or in case the same are continued to be possessed by the petitioner and as such, the show cause notice dated 22.4.1998 was recalled. Thereafter, the petitioner submitted his reply to the licensing authority, Ambedkar Nagar on 25.6.1999 with reference to his notice dated 11.5.1999 in which he had informed that the licensing authority. Sultanpur, has exonerated him. But the licensing authority, Ambedkar Nagar, rejected the plea of the petitioner by holding that the Court of Additional District Magistrate. Sultanpur is not superior to the Court of District Magistrate. Ambedkar Nagar and cancelled the firearm licences of the petitioner vide order dated 23.7.1999 in Case No. 19 of 1999. It is this order which has been challenged by means of the present writ petition.

(3.) Learned counsel for the petitioner has drawn the attention of this Court towards the copy of judgment and order dated 24.5,1993 passed by the Judicial Magistrate. Faizabad in Criminal Case No. 2862 of 1990, State v. Mohd. Qasim and others, in which the petitioner was discharged/acquitted of the criminal charges levelled against him in pursuance of the Case Crime No. 96 of 1985 pertaining to police station Bewana. Ambedkar Nagar under Sections 147, 148, 149, 353, 384, 341 and 211. l.P.C.