Mohd. Umar Farooq 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 Revolver possessed by him on a valid license No.509/GIV/P.S. Kichha/U.S.N./06 and D.B.B.L. Gun possessed by him on a valid license No.403/GIV/P.S. Kichha/ U.S.N./ 2004. (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 licenses OF N.P. Bore Revolver bearing No.509/GIV/P.S. Kichha/U.S.N./06 vide order dated 01.11.2006 and D.B.B.L. Gun bearing license No.403/GIV/P.S. Kichha/U.S.N./ 2004 vide order dated 21.10.2003. On the basis of the said licenses, the petitioner possessed a N.P. Bore Revolver and a D.B.B.L. Gun. The aforesaid licenses were granted by the Licensing Authority after satisfying with all required

inquiries regarding the antecedents and status of the petitioner. These arms possessed by the petitioner are 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 licenses are 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 petitioner was assaulted and caused three firearms injuries by Kuldeep Singh and his associates. Thereafter, the brother of the petitioner Mohd. Haroon Rehman Gazi 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, the petitioner sustained grievous three firearms 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 of the petitioner and his family members. Thereafter, accused persons acquitted by the trial court. Against the acquittal order, petitioner 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 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 Revolver and D.B.B.L. Gun, 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 is 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.