- (1.) HEARD Sri Ashish Kumar Sinha holding brief of Sri S. Hajela, learned counsel for the petitioner and the learned Standing Counsel for the respondents.
(2.) BY this petition, the petitioner has challenged the order dated 3.3.2001 passed by the Civil Judge(Jr. Div.), Tilhar, Shahjahanpur passed on the application of the petitioner for release of licenced gun in criminal case no. 79 of 1996 under Section 420, 468, 471, 474 IPC and 25 of the Arms Act. The contention of the petitioner is that the condition imposed by the Civil Judge (Jr. Div.) while releasing the licenced gun DBBL No. 1670-A/84- 92 of the petitioner are bad in the eye of law in as much as the petitioner has been directed not to carry his gun within the territory of State of U.P. Case of the petitioner is that he had gone to Nagaland and resided there for two years and as there was apprehension of danger of his life from extremists, he had applied for licence of DBBL gun before the Deputy Commissioner Nagaland. The Deputy Commissioner Mo Nagaland after thorough investigation and enquiry issued the licence of gun. After staying there for a period of two years he returned to his permanent place of residence at Shahjahanpur(U.P.). He states that his licence was renewed upto 31.12.2002. However it has not been mentioned as to who is the authority who has passed the order for renewal of the licence.
(3.) IN the meantime, a criminal case under Sections 420, 468, 471, 474 IPC and 25 Arms Act relating to possession of unauthorized gun has been registered against the petitioner. The contention of the petitioner is that the police authorities after investigation found the licence of the petitioner is valid. However the criminal case was registered against him and he has moved an application on 30.6.2000 for release of the gun in his favour. The Court below after seeking a report from the police station and considering the fact that the licence of the petitioner is renewed till 31.12.2002 has directed for release of gun with the condition mentioned in the order. While releasing the same, it was observed by the court below that in view of the judgment of this court passed in Civil Misc. Writ Petition No.33288 of 1994 Pravesh Kumar & another vs. District Magistrate, Shahjahanpur and others decided on 18.1.1995, the licence issued by the Deputy Commissioner, Nagaland is invalid in the State of U.P. and in view thereof, the petitioner was directed not to carry the licenced firearm within the territory of State of U.P.;