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High CourtsSingle Bench(2018) 07 UK CK 0090

Lakhan Singh vs State of Uttarakhand and others

Uttarakhand High Court · Decided on 18 July 2018

HON’BLE JUDGES
SUDHANSHU DHULIA, J
RESULT
Allowed
CASE NUMBER
Writ Petition (M/S) No.3440 of 2016

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Judgment

18 paragraphs · 323 words

SUDHANSHU DHULIA, J. (ORAL)

1.

The petitioner before this Court was earlier having a licence for revolver. An FIR was lodged against the petitioner and other persons under

Sections 498-A/147/148/342/504/506 of IPC and Section 3/4 of the Dowry Prohibition Act, at Police Station Haldwani. According to the petitioner, the

criminal case filed against him was compounded.

2.

On the basis of the aforesaid FIR, an application was moved by the police authorities before the District Magistrate, Nainital recommending the

cancellation of the arms licence issued in favour of the petitioner.

3.

Subsequently, notice was issued to the petitioner, which was replied by the petitioner. Thereafter, considering the nature of the FIR and the report

of the police authorities, the petitioner’s arms licence was cancelled by the District Magistrate vide order dated 4.06.2015. Aggrieved, the

petitioner filed an appeal before the Commissioner Kumaon Mandal, Nainital, which was also dismissed vide order dated 05.02.2016. Hence, the

present writ petition before this Court.

4.

Learned counsel for the petitioner submits that the arms licence of the petitioner has been cancelled on the ground that there is a criminal case

against the petitioner. Now, according to the petitioner, this has been compounded. Learned counsel for the petitioner further submits that the arms

licence of the petitioner has been cancelled on the basis of a mere apprehension that he will misuse the arm licence, which is not based on any

substantive or any objective reality and the grounds are not such that which would have warranted cancellation of the arms licence of the petitioner.

Moreover, there is no criminal offence against the petitioner.

5.

In view of the above, the writ petition is allowed. Orders dated 05.02.2016 and 04.06.2015 are set aside. Let the petitioner appear before the

concerned District Magistrate, who shall hear the petitioner and do the needful within a period of four weeks from the date of production of a certified

copy of this order.