J.J. Munir, J. - (1.) Heard Sri Ravindra Prakash Srivastava, learned counsel for the petitioner and learned Standing Counsel appearing for the State.
(2.) The petitioner was the holder of fire arm license No. 768 of 2009, the cancellation of which was recommended by the Police of P.S. Paikoliya, District Basti on ground that the petitioner was an accused in two criminal cases, numbered as Case Crime No. 210 of 2012, under Section 353,120-B I.P.C. and Case Crime No. 215 of 2012, under Section 447 I.P.C., Section 198 U.P.Z.A.&L.R. Act and Section 3 Prevention of Damages to Public Property Act, both registered at P.S. Paikoliya aforesaid. The report also said that for the present, the petitioner is embroiled in offences governed by Chapter 16,17 and 23 of the Penal Code and his actions in the locale have led to fear being struck amongst members of the public in general, particularly, the weaker sections of the society. It was also reported that the petitioner brandishes his weapon in public to strike fear and bearing all that in mind his license should be cancelled. The report of the Thana Police was endorsed by the S.P. Basti. It was on that basis that the District Magistrate issued a show cause notice to the petitioner, why his license be not cancelled.
(3.) The petitioner, in reply, said that he has been falsely implicated in the two cases. He urged that he has no criminal history and that his weapon for the time being is under repairs with Rajpoot Gun House, Faizabad, since 17.06.2012. He prayed for revocation of the show cause notice before the District Magistrate. At the hearing, the allegations were denied and a specific plea was raised that the S.H.O. and the S.D.M. wanted a drain to be forcefully constructed over his private land and that it was on account of this motivation that the criminal cases under reference against him were registered. Lateron, these have been made the basis of a story to weave around the recommendation for cancellation of his fire arm license.;