- (1.) Heard Sri Ravi Singh, learned counsel for the petitioner as well as learned Standing counsel.
(2.) Petitioner has challenged order dated 3.4.2013 passed by District Magistrate, District Barabanki, by which petitioner's arms' licenses have been revoked under Section 17 (3) of Arms Act in Case No.70/29 (2013) under Section 17 (3) of Arms Act (State Vs. Maskoor), police station Fatehpur, District Barabanki. Petitioner has also challenged the appellate order of Commissioner, Faizabad Division dated 9.4.2014. Petitioner submits that he is a law abiding citizen and was ex-chairman of Tehsil Fatehpur, District Barabanki and his wife Smt. Reshma is present Chairman of the same Tehsil. Petitioner's father and brother are continuously Chairman of Tehsil Fatehpur since 1951. It has also been pleaded that arms' licences are found necessary for protection of his life and personal liberty, hence, licences were issued.
(3.) The licences have been cancelled on two grounds; firstly that there was Case Crime No.294/2008, under Sections-306/406/506 IPC. Petitioner was convicted by the trial court and was sentenced to ten years' rigorous imprisonment along with fine of Rs.one lakh. Petitioner submits that aforesaid sections do not involve the use of fire arm at all. The said Sections are quoted herein below:- "306. Abetment of suicide.?If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 406. Punishment for criminal breach of trust.?Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 506. Punishment for criminal intimidation.?Whoever commits, the offence of criminal intimidation shall be punished with imprison ment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.?And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 1[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprison ment of either description for a term which may extend to seven years, or with fine, or with both.";