RAJESH Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging the order dated 1.10.2010 passed by the Commissioner, Aligarh Division, Aligarh by which he has rejected the Appeal of the petitioner against the order of cancellation of fire arm license dated 6.10.2008 passed by the Additional District Magistrate (City) Aligarh and also challenging the order of cancellation of fire arm license.

(2.) It is the case of the petitioner that the license of N.P.B. Rifle No. 2303231 (30 Bore) was granted to the petitioner by the Licensing Authority in 2006. Thereafter an FIR was lodged in Case Crime No. 31 of 2006 under Sections 147, 148, 149, 307 and 504 IPC, Police Station Sasanigate, District Aligarh against the petitioner.

(3.) On the basis of said FIR, the Superintendent of Police forwarded a report dated 27.2.2008 recommending cancellation of gun license of the petitioner. The ADM (City) Aligarh issued a show cause notice on 10.3.2008. The petitioner submitted his reply that in Case Crime No. 31 of 2006, he was falsely implicated and that there is no complaint in the FIR regarding the petitioner using his licensed gun and the criminal case is pending, but the petitioner has not been found guilty till date. It is alleged that the respondent no. 3 did not consider the reply of the petitioner submitted on 10.7.2008, but arbitrarily cancelled the gun license of the petitioner on 6.10.2008.