Ran Vijai Singh, J. - (1.) THIS writ petition has been filed for issuing a writ of certiorari quashing the order dated 16.8.2007 passed" by Divisional Commissioner, Chitrakoot Dham, Banda the respondent No. 2 and the order dated 30.1.2006 passed by District Magistrate, Banda the respondent No. 3. Vide order dated 30.1.2006 petitioner's D.B.B.L. Gun licence was cancelled by the respondent No. 3 and by the subsequent order dated 16.8.2007 the petitioner's appeal against the cancellation has been dismissed.
(2.) THE petitioner is retired military personnel and happens to be D.B.B.L. Gun licence-holder. On the basis of the police report dated 11.5.2005 the petitioner's fire-arm licence was suspended by the District Magistrate, Banda, and pursuant thereto a show cause notice was issued to the petitioner on 24.5.2005. THE police report dated 11.5.2005 was based on an F.I.R. which was registered as Case Crime No. 85 of 2005 under Section 147/148/149/307/504/506, I.P.C. and Section 7, Criminal Law Amendment Act. The petitioner has submitted his reply to the show cause notice before the District Magistrate, Banda stating therein that he was not at all involved in the said incident and was only sitting on a tea stall shop where the police came and snatched his D.B.B.L. gun and arrested him. The District Magistrate, Banda after considering the petitioner's reply has found that it was absolutely necessary in order to maintain the law and order to cancel the fire arm licence of petitioner and passed the impugned order dated 30.1.2006. Aggrieved from that order the petitioner has filed an appeal under Section 18 of the Indian Arms Act. The appeal was barred by time. The Divisional Commissioner, Banda has found that no sufficient reason has been given in the application for condonation of delay for condoning the delay but simultaneously he has also examined the order of District Magistrate cancelling the fire arm licence of the petitioner on merit and dismissed the petitioner's appeal.
(3.) SRI Surendra Singh learned counsel for the petitioner submitted before the Court that the District Magistrate, Banda as well as Divisional Commissioner, Banda both have not cared to consider the reply of the petitioner and examined the matter on merit and passed the order only on the basis of F.I.R. lodged against the petitioner. In his submissions mere lodging of an F.I.R. the petitioner's fire arm licence could not be cancelled unless the District Magistrate has recorded definite finding to the effect that the petitioner was involved in the said case crime on the basis of material available before him. In his submissions the petitioner is peace loving citizen and till date no F.|.R. has been lodged against him. In paragraph 13 of the writ petition it has been stated that petitioner is an Ex-Army man and served the Army with utmost sincerity and devotion. He has also invited the attention of the Court towards the decision of the Additional Sessions Judge, Fast Track Court No. 1, Fatehpur in ST. No. 192/2006, State v. Hasan Mohammad and others, where the petitioner has been acquitted from the charges levelled against him. In his submissions the impugned orders passed by the District Magistrate, Banda as well as Divisional Commissioner, Banda deserves to be quashed. Refuting the submissions of learned counsel for the petitioner, learned Standing Counsel has submitted that mere acquittal is not sufficient for restoring the fire arm licence of the petitioner unless the authorities are satisfied that the petitioner deserves to hold the fire arm licence.;