Mithlesh Kumar Singh Vs. the State of West Bengal and ors.

Mithlesh Kumar Singh vs The State of West Bengal and ors.

Type Court Judgment Court Kolkata Decided Jan 07, 2014

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https://sooperkanoon.com/case/1118172

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Citation: sooperkanoon.com/1118172
Court: Kolkata High Court
Judge: Dipankar Datta
Decided On: Jan 07, 2014
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Mithlesh Kumar Singh

Respondent

The State of West Bengal and ors.

Excerpt

......32 arms licence bore revolver no.27226 hcca (spanish).the commissioner of police revoked the licence considering the involvement of the petitioner in gariahat p.s.case no.182/02 dated 13.07.2002 under sections 341/323/307/506 of the indian penal code and 25(1)(b)/27 of the arms act. the commissioner was of the view that such revocation was necessary for maintaining public peace and public safety. the order of the commissioner was communicated to the petitioner by the deputy commissioner of police by a letter dated 29.03.2006. the order of the commissioner was carried in appeal by the petitioner before the appellate authority i.e.the additional chief secretary, home department. by an order dated 5th march, 2007, the appellate authority upheld the order under challenge and rejected the appeal of the petitioner. it appears that s.c.no.99(8) of 2004 arising out of the aforesaid gariahat p.s.case was considered by the learned additional sessions judge, alipore, who by order no.46 dated 11.05.2013 discharged the petitioner for want of sufficient material to frame charge against him. in such changed circumstances, the petitioner approached the appellate authority once again for review of the order rejecting the appeal with a copy to the commissioner of police. he is aggrieved because the application has not yet been considered and disposed of. having heard mr.basu, learned advocate for the petitioner and mr.banerjee, learned advocate for the respondents, i dispose of this writ petition with a direction upon the commissioner of police to consider the prayer of the petitioner for withdrawal of the order revoking the licence in the light of the changed circumstances and in accordance with law upon granting him an opportunity of personal hearing as early as possible but not later than eight weeks from the date of receipt of a copy of this order. urgent photostat certified copy of this order be made available to the parties, if applied for, upon compliance with all.....

Full Judgment

ORDER

SHEET WP No.1263 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE MITHLESH KUMAR SINGH Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date: 7th January, 2014 Mr.Sushanta Kumar Basu, Adv..for the petitioner Mr.Ayan Banerjee, Adv..for the respondents The petitioner was the holder No.1452/Sept./2000/Cal issued in respect of of .32 arms licence bore revolver no.27226 HCCA (Spanish).The Commissioner of Police revoked the licence considering the involvement of the petitioner in Gariahat P.S.Case No.182/02 dated 13.07.2002 under Sections 341/323/307/506 of the Indian Penal Code and 25(1)(b)/27 of the Arms Act.

The Commissioner was of the view that such revocation was necessary for maintaining public peace and public safety.

The order of the Commissioner was communicated to the petitioner by the Deputy Commissioner of Police by a letter dated 29.03.2006.

The order of the Commissioner was carried in appeal by the petitioner before the appellate authority i.e.the Additional Chief Secretary, Home Department.

By an order dated 5th March, 2007, the appellate authority upheld the order under challenge and rejected the appeal of the petitioner.

It appears that S.C.No.99(8) of 2004 arising out of the aforesaid Gariahat P.S.Case was considered by the learned Additional Sessions Judge, Alipore, who by order no.46 dated 11.05.2013 discharged the petitioner for want of sufficient material to frame charge against him.

In such changed circumstances, the petitioner approached the appellate authority once again for review of the order rejecting the appeal with a copy to the Commissioner of Police.

He is aggrieved because the application has not yet been considered and disposed of.

Having heard Mr.Basu, learned advocate for the petitioner and Mr.Banerjee, learned advocate for the respondents, I dispose of this writ petition with a direction upon the Commissioner of Police to consider the prayer of the petitioner for withdrawal of the order revoking the licence in the light of the changed circumstances and in accordance with law upon granting him an opportunity of personal hearing as early as possible but not later than eight weeks from the date of receipt of a copy of this order.

Urgent photostat certified copy of this order be made available to the parties, if applied for, upon compliance with all requisite formalities.

(DIPANKAR DATTA, J.) AKGoswami

Same Court & Year Kolkata · 2014 Same Parties Mithlesh Kumar Singh vs The State of West Bengal and ors. Same Subject Education Same Judge Dipankar Datta