NARENDRA SINGH Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
STATE OF UTTARAKHAND
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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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