- (1.) This writ petition has been filed with the following prayers: "A. Issue a writ, order or direction in the nature of certiorari calling for the records of the case and quashing the impugned order dated 29.2.2008 passed by respondent No.1 and order dated 25.10.2007 passed by respondent No. 2 (Annexures 5 and 2 to this writ petition). B. Issue a writ, order or direction in the nature of writ of mandamus commanding the respondents to release the weapon of the petitioner during the pendency of the writ petition before this Hon'ble Court. C. Issue any other writ, order or direction, as this Hon'ble Court may deem fit and proper in the circumstances of the case. D. An award of the petition in favour of the petitioner."
(2.) Vide order dated 25.10.2007 the petitioner's firearm license No. 53 D.B.B.L., gun No. 29450 was cancelled by the District Magistrate, Kanpur Dehat. Whereas vide order dated 29.02.2008, petitioner's appeal against the said order has been dismissed by the Commissioner, Kanpur Division, Kanpur.
(3.) On an application of the petitioner for firearm licence, a license No. 53 of 2000 was issued to the petitioner for having DBBL gun. The license of the petitioner was renewed from time to time and it was lastly renewed on 31.12.2008. It appears that a first information report was lodged against the unnamed persons bearing case Crime No.50 of 2007 under Section 324/308, I.P.C., taking note of that the Superintendent of Police, Kanpur Nagar has sent a report on 02.07.2007 to the District Magistrate, Kanpur Dehat on the basis of the report of Station House Officer dated 13.06.2007 stating therein, that the licensee No. 53 of 2000 has now entered in the crime, therefore, having license with him will be detrimental to the public peace and safety. Taking note of that, a show-cause notice was issued to the petitioner by the District Magistrate requiring the petitioner to show cause as to why his license of D.B.B.L., gun be not cancelled.;