- (1.) K. C. Bhargava, J. This is a petition under Article 226 of the Consti tution of India praying for a writ of mandamus directing the opposite parties not to ask the petitioner orally to deposit his arm. Heard learned counsel for the petitioner as well as learned Standing Counsel who agree that this petition may be disposed of finally at this stage.
(2.) LEARNED counsel for the petitioner has argued that the Station House Officer, Police Station Kotwali Mohammadi, District Lakhimpur Khefi has asked the petitioner orally to deposit his arm. According to the learned counsel no proceedings are pending against the petitioner and hence the Station House Officer has no jurisdiction to ask verbally to deposit the arm. Learned Standing Counsel has argued that there might be an order in writing for depositing the arm of the petitioner. If an order in writing is passed and the proceedings are pending against the petitioner then he will have to deposit his arm. After hearing the learned counsel for the parties the Court is of the opinion that the arm cannot be got deposited under the oral orders of the Station House Officer. It can only be done in accordance with law as contemplated in the Arms Act. It is, therefore, provided that the peti tioner shall not be required to deposit his gun except in accordance with the provisions of law. If any proceedings are pending against the petitioner for deposit of the gun in accordance with law then the benefit of this order shall not be available to the petitioner.
(3.) IN view of the above the petition is finally disposed of. Petition disposed of. .;