DILIP GUPTA,J. - (1.) THIS petition seeks the quashing of the order dated 7th September, 2009 passed by the District Magistrate, Azamgarh by which the firearm licence of the petitioner has been suspended pending enquiry for its cancellation under Section 17(3) of the Arms Act, 1959 (hereinafter referred to as the 'Act').
(2.) THE petitioner was granted the firearm licence in 2005. The impugned order recites that Crime Case No.296 of 2004 (according to the petitioner it is 296 of 2005) under Sections 325,323 and 504 Indian Penal Code and Crime Case No. 408 of 2006 under Section 160 Indian Penal Code are pending against the petitioner and as the possession of the firearm with the petitioner will be detrimental for the security of the public peace and public safety, it was necessary to revoke the licence. The petitioner has, therefore, been asked to submit a reply within 15 days as to why his licence may not be revoked but in the meantime the licence of the petitioner has been suspended pending enquiry and he has been asked to deposit the firearm in the police station. The sole contention advanced by Sri Ram Niwas Singh, learned counsel for the petitioner is that the firearm licence cannot be suspended by the District Magistrate pending enquiry and in support of his contention he has placed reliance upon the Full Bench decision of this Court in Rana Pratap Singh Vs. State of U.P. and Ors., 1996 (Supp.) AWC 92.
(3.) LEARNED Standing Counsel has, however, contended that the impugned order does not suffer from any infirmity and has submitted that the firearm licence can be suspended pending enquiry for cancellation of the licence.;