- (1.) By means of present writ petition, the petitioner is seeking a writ in the nature of certiorari for quashing the impugned order dated 20.12.2002, whereby the petitioner's Arms License was cancelled by the District Magistrate, Gonda. Petitioner also prays for quashing of order dated 04.03.2006, by which the Commissioner, Devi Patan Mandal, Gonda had rejected the appeal of the petitioner against the order dated 20.12.2002. Petitioner further seeks direction against opposite parties to restore Arm License no. 2164 in his favour.
(2.) Submission of learned counsel for the petitioner is that petitioner was holder of Gun License No. 50182 (Arm License No. 2164) since 1974 and he never misused or violated the terms and conditions of the licence. On 04.09.2002, a false F.I.R. was lodged against the petitioner with the allegation that he fired a shot at Manoj Kumar Dwevidi, causing deadly injuries for which a Case Crime No. 224 of 2002 under Section 147, 148, 307, 504 and 506 I.P.C. was registered at P.S. Kotwali Dehat. As a matter of fact, the petitioner was not at all involved in the above mentioned case as at that time he was deputed on Government Duty in Wazirganj, Gonda for spraying pesticides to eradicate Malaria, which was organized by the Village. In this regard a certificate was also issued by Shri R.V. Singh, Pradhan, Block Wazirganj, Gonda to the petitioner.
(3.) Learned counsel for the petitioner further submitted that a report to cancel the license was forwarded by the Superintendent of Police., Gonda to the District Magistrate, Gonda under Section 17(3) of Arms Act. In the Police report, petitioner was blamed for misusing his fire arm. Consequently, a show-cause notice was issued to the petitioner on 20.09.2002. Petitioner immediately submitted his reply to the show-cause notice on 16.10.2002 and stated that his rifle was not used in the incident and no one has suffered any injury. It has been pointed out that complainant and witnesses have also filed an affidavit in support of petitioner that no other persons were involved in the above noted Case Crime no. 224/2002 except Arvind Kumar Mishra. It is further submitted that Manoj Kumar Dubey (mentioned as Manoj Kumar Dwevidi in the affidavit) had given an affidavit, indicating therein that he and Arvind Kumar Mishra have entered into a compromise and there is no dispute between them.;