SUDHIR AGARWAL,J. - (1.) HEARD Sri Pramod Kumar Gupta, learned counsel for the petitioner and learned Standing Counsel for the respondents.
(2.) THOUGH the petition as drafted by the petitioner discloses very simple matter but has turned out to be a totally different and distinct matter. The petitioner has sought a mandamus commanding the respondents to release/return his Revolver no. FG 40381 and decide his representation dated 27th May 2011. The simple facts narrated in the writ petition are that the petitioner possesses a firearm license no. 2580/ Police Station Deoband/04/Saharanpur and possesses Revolver no. FG 40381. There was some incident on 10th March 2008, wherein the petitioner used his weapon in self defence, which resulted in lodging an F.I.R. being case crime no.115 of 2008, under Sections 307,323 and 504 IPC and case crime no. 115/A/2008, under Section 307, 323 and 504 IPC at P.S. Deoband District Saharanpur. Due to involvement of the petitioner in the said criminal case, the Station House Officer vide his report dated 31st March 2008 recommended action against the petitioner under Section 17 of the Arms Act. A show cause notice was issued to the petitioner on 14th August 2008 which was replied by him. Thereafter, the District Magistrate, Saharanpur passed order dated 17th October 2008 deferring the proceedings till the criminal case no. 115/2008 (supra) is decided by Competent Court. The firearm license in the meanwhile was placed under suspension and the petitioner's weapon was directed to remain in the custody of the police.
(3.) THE petitioner filed an appeal against the aforesaid order which was partly allowed by Commissioner vide order dated 14th January 2009. He remanded the matter to Collector to decide the matter once again. The District Magistrate thereafter passed order dated 20th April 2011 revoking suspension of firearm license of petitioner and directing for release of his weapon on the condition that petitioner shall not misuse the same etc.;