LALU Vs. STATE OF U.P THRU. PRIN. SECY. HOME DEPTT. GOVT. OF UP & ORS.
LAWS(ALL)-2017-1-226
HIGH COURT OF ALLAHABAD
Decided on January 18,2017

LALU Appellant
VERSUS
State Of U.P Thru. Prin. Secy. Home Deptt. Govt. Of Up And Ors. Respondents

JUDGEMENT

Anil Kumar, J. - (1.) Heard Sri N.K. Singh, learned counsel for petitioner, Sri Pankaj Nath, learned State counsel and perused the record. By means of the present writ petition the petitioner has challenged the impugned order dated 06.07.2015 passed by District Magistrate, Sultanpur thereby cancelling the petitioner's arms license and appellate order dated 28.11.2015 passed by respondent No. 2/Commissioner Lucknow Division, Lucknow thereby dismissing the petitioner's appeal.
(2.) Facts in brief of the present case are that petitioner has petitioner has been granted an arms licence No. 722 of 2009 for S.B.B.L. Gun No. 21946 (12 Bore).
(3.) On 22.11.2012, respondent No. 3/District Magistrate, Hardoi-Licensing Authority has received a report from Senior Superintendent of Police that the petitioner has misused his gun, accordingly, a notice has been issued to petitioner to which petitioner has submitted his reply on 28.11.2015. Thereafter by order dated 06.07.2015, District Magistrate, Hardoi/Licensing Authority has cancelled the petitioner's arms licence on the ground that on 25.05.2012, petitioner has misused his gun in a barat/marriage procession only in order to kill Chhote S/o Iqbal on account of which a criminal case has been registered against him having Criminal Case No. 583/2012 under Section 307 IPC read with Sections 27 & 30 of the Arms Act and also taken into consideration that the reply filed by the petitioner in which petitioner has categorically stated that he has been acquitted in the said criminal case.;


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