MOHAMMAD HASHIM Vs. COMMISSIONER FAIZABAD DIVISION FAIZABAD
LAWS(ALL)-2019-2-314
HIGH COURT OF ALLAHABAD
Decided on February 06,2019

MOHAMMAD HASHIM Appellant
VERSUS
COMMISSIONER FAIZABAD DIVISION FAIZABAD Respondents

JUDGEMENT

ABDUL MOIN,J. - (1.) Heard learned counsel for the petitioner and Sri Rajesh Tiwari, learned Additional Chief Standing counsel appearing for the State-respondents.
(2.) By means of the present petition, the petitioner has prayed for the following reliefs:- "Issue a writ order or direction in the nature of Certiorari thereby quashing the impugned orders dated 30.01.2017 and 15.06.2015 passed by the opposite party no. 1 and 2 as contained in Annexure No. 1 and 2 to this writ petition. Issue a writ order or direction in the nature of Mandamus commanding the opposite parties to give effect to the impugned orders contained in Annexure No. 1 and 2 to this writ petition. Issue any other writ order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case. Allow this writ petition with costs."
(3.) The case set forth by the petitioner is that he was holding an arms license for an SBBL Gun vide license no. 132. In the year 2012, there was some dispute of the petitioner with his neighbours which resulted into an FIR being lodged against the petitioner and several others under the provisions of Sections 147, 148, 307, 336, 323, 506, 506 IPC at Police Station- Dostpur District- Sultanpur which was registered as Case Crime No. 400 of 2012. It is also contended that a counter FIR was also lodged which was registered as Case Crime No. 400A of 2012. Taking into consideration the said FIR, initially the petitioner was issued a notice dated 21.07.2012 under the provisions of Section 17 of the Arms Act, 1959 (hereinafter referred to as " Act, 1959"). Thereafter, in case no. 37 Inre; State Vs. Mohd. Hashim, after considering the reply of the petitioner and considering the fact that the aforesaid Case Crime No.400 of 2012 had been registered against the petitioner in respect of the aforesaid dispute and there was every likelihood of the petitioner misusing his weapon, the District Magistrate, Sultanpur vide order dated 15.06.2015 cancelled the Arms License No. 132 of the petitioner. Copy of the said order is annexure 2 to the petition.;


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