TEJPAL SINGH Vs. STATE OF U P
LAWS(ALL)-2003-9-189
HIGH COURT OF ALLAHABAD
Decided on September 09,2003

TEJPAL SINGH Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

Rakesh Tiwari, J. - (1.) -Heard counsel for the parties and perused the record.
(2.) BY means of the present writ petition, the petitioner has challenged the validity and correctness of the order dated 22.5.1984 passed by the Additional District Magistrate, Ghaziabad (Annexure-10) to the writ petition, cancelled the fire arm licence of the petitioner and the order dated 5.9.1995 passed by the Commissioner, Meerut Division, Meerut (Annexure-15) to the writ petition, affirming the order dated 22.5.1984 passed by the Additional District Magistrate, Ghaziabad. The brief facts of the case are that the petitioner was a Pradhan of Gaon Sabha Bhatiyana. He won the election of Pradhan with a thumping majority. He defeated one Dr. Tejpal Singh son of Beni Singh and had considerable influence in the society. The police of the locality grew jealousy and had been acting in collusion with a few anti-social and undesirable elements to liquidate the petitioner. The petitioner had been highlighting the misdeeds of the police. It is alleged that the Sub-Inspector of Police Station Pilakhua, namely, Sri S. K. Dwivedi had threatened the petitioner that he would kill him in an encounter and thereafter would liquidate his whole family. A show cause notice was issued to the petitioner on the basis of an incident dated 6th March, 1984. The petitioner having been acquitted honourably in the said case, but the authorities concerned cancelled his fire-arm licence without application of mind to the facts existing in the judgment showing acquittal of the petitioner. Aggrieved by the order dated 22.5.1984, the petitioner preferred an appeal before the Commissioner, Meerut Division, Meerut, but the same was also dismissed vide order dated 5.9.1995 affirming the order dated 22.5.1984. The order passed by the Commissioner, Meerut Division, Meerut on 5.9.1995 is as under : ...[VERNACULAR TEXT OMMITED]...
(3.) NOTICES on behalf of respondent Nos. 1 to 3 had been accepted by the standing counsel on 8.10.1985, but no counter-affidavit has been filed so far. The application was put up for orders on 5.12.1989, and the following order was passed by this Court : "Heard learned counsel for the petitioner. This application has been made for the return of the gun. The principal ground is that the petitioner has already been acquitted by the trial court. Therefore, he is entitled to receive back his gun. Before approaching this Court, this petitioner should have moved an application before the authorities concerned for the return of his gun. He may, however, do so now. In case, such an application is made, the same shall be disposed of in accordance with law at an early date. The application is accordingly disposed of. Sd/- S. K. Mukharji, J. 5.12.1989" ;


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