Mardan Khan and Another vs State of U.P. and Others

R.S. Singh, J.—The Petitioner''s gun licences were suspended on police report on 20th January, 1973 on the ground that they are involved in parti bandi and have been challaned under Sections 107/ 117 Code of Criminal Procedure. Notices were issued calling upon the Petitioners to show cause why their licences be not cancelled. The Petitioners submitted their explanations that the matter had been compromised and no proceedings under Sections 107/ 117 were pending. They prayed that the licences may be restored. The Sub-Divisional Magistrate, Bindki, by his order dated 4-7-1973 cancelled the licences of the Petitioners on the ground that they are not fit persons to hold fire arms in the interest of maintaining peace. The Petitioners filed an appeal against the order cancelling their gun licences. The District Magistrate by his order dated 20th September, 19/3 dismissed the appeal. The Petitioners have challenged the aforesaid orders in this writ petition.

The learned Counsel for the Petitioners contended that the licences were suspended merely on the ground that the Petitioners were involved in proceedings under Sections 107/117 Code of Criminal Procedure but these proceedings were compromised and no other charge or complaint has been levelled against them and, therefore, the Sub-Divisional Magistrate was not justified in cancelling their gun licences. The learned State Counsel contended that the licences of the Petitioners have been cancelled on the ground that they have been involved in partybandi and they are (not) fit persons to hold gun licences in the interest of public peace and maintenance of law and order.

We have considered the arguments of the learned Counsel for the parties. It appears that the gun licences of the Petitioners have been cancelled merely on the ground that they were involved in a proceeding under Sections 107/117 Code of Criminal Procedure. No other allegation or complaint has been pointed out against the Petitioners that they misused their gun licences. No material has been brought out in the counter affidavit filed on behalf of the State to justify the order of cancellation of gun licences passed by the Sub-Divisional Magistrate. When the aforesaid proceeding under Sections 107/117 Code of Criminal Procedure was compromised the very basis of suspension of the licences came to an end and the Sub-Divisional Magistrate was not justified in cancelling the licences of the Petitioners. The orders of the Respondents Nos. 1 and 2 cannot be sustained.

In the result, the petition is allowed. The order of the Sub-Divisional Magistrate, Bindki, dated 4-7-1973 and that of the District Magistrate, Fatehpur dated 20-9-1973 are quashed. Parties shall bear their own cost.