BAIJ NATH RAJAK Vs. DISTRICT MAGISTRATE/ COLLECTOR,SIDHI

JUDGEMENT

(1.) The petitioner license holder of alleged arm has filed this petition under Article 227 of the Constitution of India, for quashment of order dated 27.10.09 Annexure P-5. passed by Commissioner Rewa Division, Rewa, in Case No.109/Appeal/2002-03, affirming the order dated 12.12.02 passed by District Magistrate, Sidhi, in Case No.752/R.D.M./02, whereby by virtue of Section 18 of Arms Act In short "the Act". his license of rifle has been cancelled and revoked.

(2.) The fact giving rise in this petition in short are that considering the application of the petitioner long before in the year 2000 for the purpose of self security a license of 12 bore rifle bearing no.9/MP/S.D.D.-1/2000 was issued to him, pursuant to such license the petitioner had purchased the rifle. On dated 28.06.02 the minor son of the petitioner namely Sunny Kumar aged about 14 years by such rifle caused the fire on a minor girl of Smt. Kemala Rajak, namely Billu alias Renu Bai aged about 13 years, resultantly she died on sustaining the bullet injury. In this regard a crime was registered in concerning Police Station. Investigation was held, on completion of the same, the son of the petitioner Sunny Kumar was charge sheeted before the court of Juvenile Magistrate. After holding the trial on appreciation said Sunny Kumar was held guilty but taking into consideration that on the date of the incident he was juvenile that's why he was directed to be released on some terms and conditions by the Juvenile Court. In such situation Superintendent of Police, Sidhi, had send the communication memorandum made to the licensing authority the District Magistrate of Sidhi, to cancel the aforesaid arms license of the petitioner stating that he is incompetent to keep and maintain the fire arm and the possibility to misuse of the same could not be ruled out.

(3.) Considering the aforesaid memo of the superintendent of police a show cause notice for revoking and cancelling the arm license was given to the petitioner, in response of it, the reply was filed but on consideration the same was not found satisfactory. Pursuant to it, the aforesaid license of the petitioner has been revoked and cancelled by the licensing authority the District Magistrate. Being dissatisfied of such order the petitioner filed the appeal in the court of Commissioner Rewa Division, on consideration by affirming the order of the district magistrate, the same was dismissed, on which the petitioner has come to this court with this petition.