- (1.) HEARD Sri Sandeep Tiwari, for the petitioner and Standing Counsel, for the respondents.
(2.) THE writ petition has been filed for quashing the orders of District Magistrate (respondent -3) dated 06.02.2008, canceling the Firearm Licence of the petitioner and Commissioner (respondent -2) dated 08.08.2012, dismissing the appeal of the petitioner against the aforesaid order.
(3.) THE petitioner was granted Firearms Licence No. 717, on which he was having DBBL gun. On 07.06.2007, a FIR was registered (Case Crime No. 186/ 2007) at P.S. Fursatganj, district Rai -bareli, under Section 304 -A I.P.C. read with Section 25/27 of Arms Act, against Maqsood Alam (brother of the petitioner), on the allegation that in the marriage party at village Hadmau Mazre Brahmani, Maqsood Alam shot fire from the gun of the petitioner, which hit Mohd. Faheem, who died. District Magistrate issued a show cause notice dated 21.06.2007 under Section 17 (3) of the Arms Act, 1959 to the petitioner, on the basis of the incident dated 07.06.2007. The petitioner submitted his reply dated 22.08.2007, stating therein that his brother was falsely implicated in Case Crime No. 186/2007 due to election rivalry, who was elected as Pradhan of the village. The petitioner or his brother did not participate in the marriage party on 07.06.2007 nor made any fire from his gun. Local Police took the gun of the petitioner from his house. In the meantime, another FIR was registered (Case Crime No. 447/2007) on the complaint of one Siyaram at P.S. Mohanganj, district Rai -bareli, on 26.12.2007 at 15.05 hours, under Section 147, 323, 504, 506 I.P.C. read with Section 3 (1) (10) S.C.S.T. Act, against Mansoor Alam (the petitioner), Maqsood Alam, Fateh Ahmad, Fate Amad and Firoz Khan. It was alleged that on 24.12.2007 at 8.00 hours, the complainant had gone to bridge for taking tea. At that time Mansoor Alam came and began to abuse him with his caste, stating that some complaint was lodged against him. In the meantime, other accused also came and began to beat him by fist and kick. District Government Counsel has also brought on record, the fact relating to Case Crime No. 447/2007, before District Magistrate at the time of arguments.;