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Judgment
B.S. Verma, J.—Heard learned Counsel for the parties and perused the record.
By means of this writ petition, the Petitioner has sought a writ in the nature of certiorari quashing the show cause notice dated 18-9-2010 passed by Respondent in case No. 48 of 2010 State v. Jubair u/s 17 of the Arms Act, P.S. Kotwali, Gangnahar, District Haridwar, whereby the revolver licence No. 1477 of the Petitioner has been suspended with immediate effect.
According to the Petitioner, two separate F.I. Rs. were lodged with the Police Station Gangnahar by one Mohd. Iqbal and the case was registered as case Crime No. 269 of 2010 on 3-9-2010 under Sections 147, 148, 149, 452, 323, 307, 427 IPC against the Petitioner and other persons including Jamshed S/O Hanif, while the other F.I.R. was lodged regarding the same incident by Jamshed, which was registered as F.I.R. No. 270 dated 3-9-2010.
Learned Counsel for the Petitioner has contended that by the impugned order the arm licence of the Petitioner has been suspended by the Respondent while issuing show cause notice to the Petitioner, therefore, without considering the reply to the show cause notice, no adverse order should have been passed in the matter. According to him, the approach of the District Magistrate Haridwar in suspending the licence on likelihood of misuse of firearm in future is not proper and tenable in the eye of law.
Learned Counsel for the Petitioner has placed reliance upon the judgment rendered by the Allahabad High Court in the case of "Ashiq Hussain v. Commissioner, Moradabad Division and Ors." 2010(1) ACR 419 wherein it has been held that mere involvement in a solitary criminal case cannot be a ground for cancellation of a firearm licence. In the case of "Jageshwar v. State of U.P. and Ors." 2009(3) ACR 3051, the Allahabad High Court has held that the licence of fire arm cannot be suspended on the ground of likelihood of misuse firearm.
It appears that so far the Petitioner has not filed reply/objection against the show cause notice issued by the District Magistrate.
Without entering into the merits of the case, the Petitioner is directed to file objection against the show cause notice before the District Magistrate. The District Magistrate Haridwar after hearing the Petitioner shall pass appropriate order in the case. Till then the impugned suspension order shall be kept in abeyance.
With the above direction, the writ petition is disposed of finally.