MAHESH SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellant/writ petitioner and learned counsel for the State.

(2.) PETITIONER filed C.W.J.C. No. 6069 of 1998 for quashing of order dated 27.5.1996 passed by the District Magistrate, Jehanabad whereby his arm licence for a rifle bearing licence no. 276/82 was cancelled on the ground cf a criminal case bearing Ghoshi P.S. Case No. 148 of 1994 having been "instituted against writ petitioner and some others. Petitioner has also challenged the appellate order dated 21.5.1998 passed by Commissioner, Magadh Division, Gaya. The Writ Petition was summarily dismissed by the order under appeal dated 9.2.2000.

(3.) ON going through the entire materials on record we find that there was material for the District Magistrate to presume that the allegation levelled against the petitioner in the F.I.R. is only prima facie true at the present stage since charge -sheet was submitted against him and trial is proceeding. But the allegation cannot be finally accepted as true and there may be substance in the defence of the petitioner that the land alleged to be Gairmajarua land is his own land and he was being prevented from making construction on his own land. The materials do not warrant an inference that the petitioner is unworthy of holding arms licence unless the allegations are finally found true in course of the trial.