ARUN KUMAR GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dtd. 29/5/2017 passed by the District Magistrate, Sheohar i.e. the respondent no. 3, whereby and whereunder the arms license of the petitioner has been cancelled, for quashing the order dtd. 8/9/2018, passed by the respondent no. 3 in Arms Appeal Case No. 7 of 2018, dismissing the case of the petitioner and for setting aside the order dtd. 20/3/2020 passed by the Divisional Commissioner, Tirhut Division, Muzaffarpur i.e. the respondent no. 2, in Arms Appeal Case No. 31 of 2019, by which the Appeal filed by the petitioner has been rejected.

(2.) The brief facts of the case according to the petitioner are that the petitioner had applied for license of double barrel gun in the year 2002, whereupon he was granted arms license bearing Arms License No. 3 of 2002 and then he had purchased arms. The said arms license of the petitioner had subsequently stood renewed till 28/12/2019. It is the further case of the petitioner that all of a sudden on 19/1/2008, an F.I.R. was registered at the behest of a Pattidar of the petitioner namely Surya Narayan Prasad against him and his family members under Ss. 341/323/342/379/34 of the Penal Code, 1860 vide Sheohar P.S. Case No. 5 of 2008, wherein it had been alleged that the petitioner and others, with the help of 10 fishermen, took away fish forcibly from the pond of the informant of the said case, worth 12,000/-. The police, upon investigation had submitted Charge-Sheet under Ss. 341/323/342/379/34 of the IPC in the said case, whereafter, the learned Magistrate had taken cognizance, framed charges and had proceeded with the trial, which ultimately resulted in conviction of the petitioner and he was sentenced to undergo two years simple imprisonment U/s. 379 and other allied Sec. of the IPC, by a judgment dtd. 8/3/2017. The petitioner had then challenged the said judgment of conviction dtd. 8/3/2017, by filing an appeal before the learned Court of Sessions Judge, Sheohar bearing Criminal Appeal No. 8 of 2017, however, the same was dismissed by a judgment dtd. 18/7/2017, against which the petitioner preferred a revision petition before this Hon'ble bearing Criminal Revision No. 842 of 2017, however, the same has stood disposed of by a judgment dtd. 20/11/2017, passed by a coordinate Bench of this Court, though without any interference in the judgment of conviction rendered by the Ld. court below, but considering the fact that nine years have passed since the lodging of the FIR, the sentence awarded to the petitioner was modified to the period already undergone and the fine had been enhanced to a sum of Rs.15,000.00, out of which 80% was directed to be paid to the informant.

(3.) It is the further case of the petitioner that only on account of conviction of the petitioner by the Ld. Trial Court, by a judgment dtd. 8/3/2017, the respondent no. 3, without issuance of any show cause notice to the petitioner, had suo moto cancelled the arms license of the petitioner vide Memo dtd. 29/5/2017.