NARENDRA SINGH Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-12-80
HIGH COURT OF UTTARAKHAND
Decided on December 12,2012

NARENDRA SINGH Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

SUDHANSHU DHULIA, J. - (1.) HEARD Mr. Krishna Kumar Verma, Counsel holding brief of Mr. Rajesh Joshi, Counsel for the petitioner and Mr. N. P. Sah, Standing Counsel for the State of Uttarakhand.
(2.) THE petitioner is aggrieved by a notice/order dated 17.10.2012 by which respondent no.4 has directed the petitioner to deposit his firearm before the Police Station. The contention of the petitioner is that the order is totally without jurisdiction as respondent no.4 has no authority to pass such an order as such powers only vests with the District Magistrate. The firearm is admittedly a licensed one.
(3.) IN the counter affidavit, no specific reply has been given to the averment made by the petitioner in the writ petition regarding illegality in the order and that the order is being without jurisdiction. In fact nothing has been shown by the respondents to show that the order of the police authority is in accordance with law. This Court is also of the view that the contention of the petitioner is correct so far as the order is without jurisdiction inasmuch as the power only vests with the District Magistrate. It is though true that the police authority may have reasons to apprehend the breach of peace and therefore the correct approach for them is to apprise the District Magistrate immediately so that the District Magistrate may pass the orders in accordance with law. For the present, on the basis of fact, averments made in the writ petition and the legal issue raised by the petitioner, the writ petition is liable to be allowed and is hereby allowed. Notice/order dated 17.10.2012 is hereby quashed, as the same is without jurisdiction.;


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