Ram Kishore Singh vs Commissioner, Jhansi Division, Jhansi and Others

Rakesh Tiwari, J.

Heard counsel for the parties and perused the records.

This petition has been filed for quashing the impugned order dated 16.8.1984 and 8.5.1984 (Annexure No.3 and 2 to the writ petition).

The petitioner was granted Arms Licence in the year 1978 for a Rifle. He received a notice dated 15.2.1984 from the District Magistrate, Hamirpur under Section 17 of the Arms Act. Reply to the said notice was also submitted by the petitioner. The District Magistrate, Hamirpur vide impugned order dated 8.5.1984 revoked the Arms Licence of the petitioner. An appeal was filed by the petitioner under Section 18 of the Arms Act to the Commissioner, Jhansi Division, Jhansi which was dismissed vide order dated 16.8.1984. Both these orders dated 8.5.1984 and 16.8.84 are impugned in the writ petition. In the impugned order the following two criminal cases were referred to by the District Magistrate which were said to be pending against the petitioner in Hamirpur.

(i) Case No.82 of 1982 under Section 147, 148, 149, 307 I.P.C.

(ii) Case No.2 of 1984 under Sections 147, 148, 149, 307, 302 I.P.C.

The aforesaid two cases were the basis for passing the order dated 8,.5.84 against the petitioner which was confirmed by impugned appellate order dated 16.8.84. The impugned orders were passed in the year 1984 and Nineteen years have passed since then. During this period, the petitioner has been acquitted on 8.1.1997 by learned Additional Sessions Judge, Hamirpur in Case Crime No.82 of 1983 under Sections 147, 148, 149, 307 I.P.C. Photo copy of judgment and order dated 8.1.1997 has been annexed as Annexure No.1 to the supplementary affidavit. The other case crime No.2 of 1984 was entrusted to C.B.C.I.D. by the State Government. After investigation, the report has been submitted by the C.B.C.I.D. in favour of the petitioner exonerating him from the charges. In the trial in case crime No.2 of 1984 the police has submitted charge sheet against the petitioner and other coaccused in which C.B.C.I.D. has also submitted final report in favour of the petitioner.

In view of the fact that the petitioner has been acquitted in case crime No.82 of 1982 and C.B.C.I.D. has also submitted final report in case crime No.2 of 1984 and also in view of the fact that for nineteen years now the rifle of the petitioner is in deposit. There is already an interim order in the case to the effect that Rifle of the petitioner will not be sold. It would be in the interest of justice that the impugned orders are quashed and the petition is disposed of with following directions.

(i)The petitioner may submit an application before the appropriate authority within two months from today for renewal of his licence and for the release of Rifle.

(ii) If the application is filed within time as in (i) above, it will be decided by a reasoned and speaking order by the authority concerned within a period of two months from the date of production of certified copy of this order before him alongwith the application

(iii) In case the authority decides to renew the licence of the petitioner, the Rifle shall be released in favour of the petitioner within a period of one month from the date of renewal of the licence.

(iv) In case petitioner is not alive or there is any other legal impediment, his legal heirs and representatives may make application for grant of licence and release of the rifle, which will be considered on its own merits.

With the aforesaid directions, the writ petition is disposed of. No order as to costs.

(Petition allowed)