Sahab Singh vs Commissioner,Agra Region,Agra & Ors.

Vineet Saran, J.—The petitioner was granted an arms licence. On the basis of a report submitted by the police, on 1982002, the petitioner was issued a showcause notice for cancellation of his arms licence and his arms licence was also placed under suspension by the said order itself. The reply was submitted by the petitioner and on finding that the licence number mentioned in the order was wrong, the proceedings for cancellation were dropped vide order dated 992002 passed by the licensing authority. Thereafter again by order dated 2892002, the gun licence of the petitioner was placed under suspension and a notice to showcause was issued why his licence should not be cancelled. The petitioner submitted his reply to the said showcause notice and thereafter vide order dated 29112002 passed by the District Magistrate, respondent No. 2, the arms licence of the petitioner had been cancelled. The appeal filed by the petitioner was partly allowed and although the order dated 29112002 passed by the District Magistrate was set aside vide order dated 2782003 passed by the Commissioner, Agra Region, Agra but it was directed that the licence of the petitioner shall remain suspended till the decision in Criminal Case No. 124 of 2002 under Sections 147/148/149/307 IPC. Aggrieved by the aforesaid orders, the petitioner has filed this writ petition.

Heard learned Counsel for the parties. Counter and rejoinder affidavits have been exchanged between the parties and with the consent of the learned Counsel for the parties, this writ petition is being disposed of at the admission stage itself.

The submission of the petitioner is that merely because of pendency of a criminal case, the arms licence of the petitioner cannot be cancelled. In support of the said submission, learned Counsel for the petitioner has placed reliance on two decisions of this Court in the cases of Hausla Prasad Tiwari v. State of U.P., 2005 (51) Allahabad Criminal Cases 396; and Ishwar @ Bhuri v. State of U.P., 2004 (2) JIC 239. It has further been submitted that in view of the Full Bench decision of this Court in the cases of Balaram Singh v. State of U.P. & Ors., 1988 AWC 1481, Kailash Nath v. State of U.P., 1985 AWC 493, as well as the Division Bench decision of this Court in the case of Sadri Ram v. District Magistrate, Azamgarh & Ors., 1998 All. CJ 1449, the arms licence of the petitioner cannot be placed under suspension pending enquiry.

Considering the fact that the petitioner has been acquitted in all other cases mentioned in the showcause notice except for the Case Crime No. 124 of 2002, in which the trial is going on and keeping in view the fact that merely because of pendency of a criminal case, the licence cannot be cancelled nor the licence can be placed under suspension pending enquiry, in my view, the orders impugned in this writ petition deserved to be quashed.

Accordingly, this writ petition stands allowed. The orders dated 2782003 and 29112002 passed by respondent No. 1, the Commissioner, Agra Region, Agra and respondent No.2, the District Magistrate, Agra respectively are quashed. There shall be no order as to costs.