- (1.) PRADEEP Kant, J. Having heard the learned counsel for the petitioner the writ petition is being disposed of finally.
(2.) THIS petition has been filed chal lenging the order of suspension of the Arm license of petitioner on the ground that there was no material before the District Magistrate so as to suspend the arm licence of the petitioner pending proceed ings for cancellation of the arm licence. Without entering into the suf ficiency or insufficiency of the material before the District Magistrate for passing the suspension order, I find that the order impugned in the writ petition cannot be allowed to be sustained in view of Full Bench decisions reported in 1984 AWC 145, Chhanga Prasad Sahu v. State of U. P. and others and 1985 AWC 493, Kailash Nath and others v. State of U. P. and others, in which this Court has invariably laid down that there is no power with the Dis trict Magistrate to suspend the Arm licence of the petitioner pending proceed ings for cancellation. The learned counsel for the State argued that this order has not been issued pending enquiry for cancella tion of the licence but it has been issued pending criminal proceedings under Sec tions 107/116 of the Code of Criminal Pro-:edure. In nty opinion in the pendency of criminal proceedings under Sections 107/116 of the Code of Criminal Proce-lure cannot be a ground for suspension of the Arm licence. It is not clear from the arder as to whether the licence has been suspended till the conclusion of criminal sroceedings or till the decision is taken 'egarding cancellation of licence in view of lotice issued. In any case under the provisions of the Section 17 (3) of the arms Act there is no provision for; usnendine the licence till conclusion of cerned it has already been held by the Full Bench of this Court referred to above that no such order can be passed, the order, thus is basically vague and does not con form to the provisions of Section 17 (3) of the Arms Act. 6. In this view of the matter the im pugned order dated 5-7-1999 passed by the District Magistrate, Ambedkar Nagar is hereby quashed. The writ petition is ac cordingly allowed. No order as to costs. 7. It is howewer provided that it will be open to the District Magistrate to pass fresh order of suspension or cancellation of the Arms licence in accordance with the provisions of the Arms Act. Petition allowed. .;