Faisal Rehman vs State of Uttarakhand and others

Heard Mr. K.R. Gazi, Advocate for the petitioner and Mr. Gajendra Tripathi, Brief Holder for the State.

By means of present writ petition, petitioner seeks following reliefs :-

(i) a writ, order or direction in the nature of Mandamus commanding the respondents not to get deposit petitioner''s N.P. Bore Rifle possessed by him on a valid license No.749/GIV/P.S. Kichha/U.S.N./ 2015. (ii) any other suitable writ, order or directions which this Hon''ble Court may deem fit and proper in the circumstances of the case. (iii) Award the cost of petition to the petitioner.

Brief facts of the case are that the petitioner was granted a license of N.P. Bore Rifle bearing license No.749/GIV/P.S. Kichha/U.S.N./2015 vide order dated 11.12.2015. On the basis of the said license, the petitioner possessed a N.P. Bore Rifle. The aforesaid license was granted by the Licensing Authority after satisfying with all required inquiries regarding the antecedents and status of the petitioner. The rifle possessed by the petitioner is for the safety of his own life and property.

Learned counsel for the petitioner submits that the arms possessed by the petitioner on the basis of the aforesaid valid license is not involved in any criminal case. There is enmity with one Kuldeep Singh and others, resident of Haryana Farm, Udham Singh Nagar due to the dispute over property. Due to the said enmity the brother of the petitioner Mohd. Umar Farooq was assaulted and caused fire arm injuries by Kuldeep Singh and his associates. Thereafter, the brother of the petitioner lodged a first information report on 27.05.2005 which was registered as Case Crime No.1146 of 2005 under Sections 147, 148, 149, 307, 504 and 120-B of IPC at Police Station Kichha at District Udham Singh Nagar. In the said incident, brother of the petitioner sustained grievous fire arms injuries and was remained hospitalized in Dr. Sushila Tiwari Memorial Forest Hospital, Haldwani. Thereafter, he was referred to All India Institute of Medical Science.

Learned counsel for the petitioner further submits that the accused persons of the said incident, were remained absconded for a long period and they used to extend threats for life and property to the petitioner and his family members. Thereafter, accused persons acquitted by the trial court. Against the acquittal order, petitioner''s brother preferred an appeal before this Court wherein the accused persons were convicted for five years. Against the conviction order, accused persons preferred an appeal before the Honble Apex Court. Petitioner''s brother also filed an appeal for enhancing the sentence before the Hon''ble Apex Court. Both the appeals were decided by the Hon''ble Apex Court vide order dated 25.11.2016 whereby the sentence has been reduced to three years and the conviction order passed by this Court has been upheld.

Learned counsel for the petitioner also submits that one of the accused persons is still absconding. Therefore, continuous threat is on the life of the petitioner and his family members.

It is argued by the learned counsel for the petitioner that in case petitioner is compelled to deposit his N.P. Bore Rifle, he may be killed by the person who had earlier attacked on his life. He further submitted that one of the accused persons is still absconding.

Considering the facts as narrated above, I direct the District Magistrate, Udham Singh Nagar to consider the case of the petitioner and pass an appropriate order after conducting the inquiry in the matter. If, it is found that the life of the petitioner is not safe, appropriate order will be passed by the District Magistrate, Udham Singh Nagar.

Petitioner is directed to move a fresh representation alongwith certified copy of this order before the District Magistrate, Udham Singh Nagar, who shall pass order on the same within a period of two weeks from the date of submission of the representation.

In view of the above directions, the writ petition stands disposed of.

Pending applications, if any, also stand disposed of.

Let a certified copy of this order be issued to learned counsel for the petitioner today itself on payment of usual charges.