Manish Mathur, J. - (1.) This petition has been filed challenging the order dated 30.11.2005 passed by the Commissioner, Lucknow Division, Lucknow in Appeal No.590/2003-04 and the order dated 03.05.2003 passed by the District Magistrate, Hardoi in Case No.199/383/1999 whereby the petitioner's S.B.B.L. gun licence was cancelled.
(2.) As per the averments of the writ petition, the petitioner had been granted a licence of S.B.B.L. gun no. 27357, Licence No.8751 for his personal safety and protection of property after following due procedure. On 23.09.1999, a show cause notice under Section 17 of the Arms Act 1959 (hereinafter referred to as the Act) was issued to the petitioner mentioning pendency of three criminal cases against him, i.e. (i) Crime No.143/1995 under Sections 147, 148 & 149 I.P.C.; (ii) Crime No.292/1997 under Section 25 Arms Act; and (iii) Crime No.410/1998 under Sections 147, 148, 149, 323, 308, 504 I.P.C. The petitioner submitted his reply dated 03.12.1999 to the aforesaid show cause notice where after vide order dated 25.08.2000, the petitioner's gun licence was suspended pending disposal of the criminal cases. Against the order dated 25.08.2000, the petitioner preferred Appeal No.611/99-2000 before the Commissioner Lucknow Division which was allowed vide order dated 22.02.2002 and the case was remanded to the District Magistrate for consideration afresh. In pursuance of the aforesaid order dated 22.02.2002 passed in appeal, the District Magistrate again issued notice dated 28.09.2002 to the petitioner and thereafter the impugned order dated 03.05.2003 has been passed cancelling the petitioner's S.B.B.L. gun licence. Being aggrieved by the order dated 03.05.2003, the petitioner filed Appeal No.590/2003-04 before the Commissioner, Lucknow Division, Lucknow who has also upheld the order of the District Magistrate by means of the order dated 30.11.2005. The aforesaid two orders are under challenge in this Writ Petition.
(3.) Heard Sri Rajiva Dubey, learned counsel appearing on behalf of the petitioner and the learned Standing Counsel appearing on behalf of the opposite parties.;