RAJBAHADUR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) VALIDITY of orders passed on 17-9-2007,27-5-2008 and 3-9-2008 are called in question in present writ petition under Article 226/227 of the Constitution of india. By order passed on 17-9-2007, the gun licence of the petitioner was revoked, whereas by order passed on 27-5-2008, appeal preferred by the petitioner was dismissed and by order dated 3-9-2008 Second Appeal preferred by petitioner was dismissed being not maintainable.

(2.) THE petitioner was the holder of arms licence No. MPC HP/ste/3/1/2003 granted to him under the provisions of Arms Act, 1959. While he was holding the licence, a report was furnished by the Superintendent of Police, chhatarpur on 8-12-2004 to District Magistrate Chhatarpur/licensing authority, recommending therein the revocation of gun licence because of the involvement of petitioner in number of criminal cases, viz. , Crime No. 71/82 under Section 302, IPC, Crime No. 83/02 under Section 25/27, Arms Act, Crime no. 64/87, Sections 302,404,147,148,159,130-B, IPC, read with Section 25/27, arms Act, Crime No. 186/03 under Sections 147,149,294,506,336, IPC, Crime no. 48/04 under Sections 294, 323, 506-B, 336, 34, IPC, Ishtgasha No. 73/07 sections 107, 116 (3), Ishtgasa No. 9/04, Sections 151, 107, 116 (3), Ishtgasa no. 62/03, Sections 107,116 (3), Ishtgasa No. 244/03, Sections 107,116 (3) and ishtgasa No. 104/04, Sections 107,116 (3 ).

(3.) A show-cause notice on 24-12-2004 was issued by the Licencing authority, Chhatarpur whereby the petitioner was called upon to show cause as to why the licence be not cancelled. The District Magistrate after taking into consideration the number of offences, the petitioner is involved in and the fact that there was no denial by the petitioner of the said offences, revoked the licence in exercise of its power under Section 17 of the Arms Act, 1959. The said order was affirmed in appeal and the second appeal preferred by the petitioner was rejected being not maintainable.