Ram Pratap Misra Vs. District Magistrate/Licensing Authority and anr.

Ram Pratap Misra vs District Magistrate/Licensing Authority and anr.

Disposition Petition dismissed Court Allahabad Decided Aug 27, 2002

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Citation: sooperkanoon.com/485381
Court: Allahabad High Court
Judge: Anjani Kumar, J.
Decided On: Aug 27, 2002
Case Number: C.M.W.P. No. 46773 of 1999
Subject: Civil
Disposition: Petition dismissed

Case Summary

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

Civil - termination of license - Section 13 (1) (b) of Arms Act, 1959 - license of firearm issued in name of petitioner - petitioner's son committing certain offences with firearm with petitioner's acquisance - interest of common people to be taken into account - held, cancellation of license justified and cannot b...

Key legal issue: Civil
Outcome / disposition: Petition dismissed
Acts & sections: Arms Act, 1959 - Sections 13(1); Indian Penal Code (IPC) - Sections 307

Parties & Advocates

Appellant / Petitioner

Ram Pratap Misra

Advocate P.S. Kushwaha, ;Rajendra Singh and ;K.K. Dwivedi, Advs.

Respondent

District Magistrate/Licensing Authority and anr.

Advocate S.C.

Legal References

Acts: Arms Act, 1959 - Sections 13(1); Indian Penal Code (IPC) - Sections 307
Reported In: 2002(4)AWC3128

Excerpt

civil - termination of license - section 13 (1) (b) of arms act, 1959 - license of firearm issued in name of petitioner - petitioner's son committing certain offences with firearm with petitioner's acquisance - interest of common people to be taken into account - held, cancellation of license justified and cannot be challenged on grounds of acquittal of petitioner's son. - anjani kumar, j.1. the petitioner, who is a licensee of a firearm, has been served with show cause notice by the licensing authority to show cause as to why his firearm should not be cancelled on the ground that he has allowed his firearm to be misused by his son in connection with case crime no. 70 of 1996 under section 307, i.p.c. the petitioner submitted a reply of the aforesaid show cause notice denying the charges levelled against him. the licensing authority, after considering the charges levelled against him, arrived at a finding that from the allegations and reply submitted by the petitioner, misuse of firearm is admitted and, therefore, it is not in the public interest that petitioner's arm licence should remain with him. with this, the firearm licence has been cancelled by the licensing authority who filed an appeal which has been dismissed. these orders have been challenged by the petitioner by means of this writ petition.2. i have heard learned counsel for the petitioner. learned counsel for the petitioner argued that case crime no. 70 of 1996 under section 307. i.p.c. has ultimately resulted into acquittal of the petitioner's son and, therefore, the ground on which the licence has been cancelled is no method to substantiate. be it as it may, the argument is misconceived. the licence was cancelled on the ground that petitioner has allowed his son to use his firearm licence who is not a licensee under section 13(1)(b) of the arms act. further findings is that continuation of the firearm licence with his son is against public interest. these findings of fact could not be demonstrated to be afforded from any error of law, in the circumstances particularly when the same has been affirmed by the appellate authority.3. in these circumstances, this court refuses to exercise its jurisdiction under article 226 of the constitution of india. the petition is, therefore, devoid of any merit and is, accordingly, dismissed.

Full Judgment

Anjani Kumar, J.

1. The petitioner, who is a licensee of a firearm, has been served with show cause notice by the licensing authority to show cause as to why his firearm should not be cancelled on the ground that he has allowed his firearm to be misused by his son in connection with Case Crime No. 70 of 1996 under Section 307, I.P.C. The petitioner submitted a reply of the aforesaid show cause notice denying the charges levelled against him. The licensing authority, after considering the charges levelled against him, arrived at a finding that from the allegations and reply submitted by the petitioner, misuse of firearm is admitted and, therefore, it is not in the public interest that petitioner's arm licence should remain with him. With this, the firearm licence has been cancelled by the licensing authority who filed an appeal which has been dismissed. These orders have been challenged by the petitioner by means of this writ petition.

2. I have heard learned counsel for the petitioner. Learned counsel for the petitioner argued that Case Crime No. 70 of 1996 under Section 307. I.P.C. has ultimately resulted into acquittal of the petitioner's son and, therefore, the ground on which the licence has been cancelled is no method to substantiate. Be it as it may, the argument is misconceived. The licence was cancelled on the ground that petitioner has allowed his son to use his firearm licence who is not a licensee under Section 13(1)(b) of the Arms Act. Further findings is that continuation of the firearm licence with his son is against public interest. These findings of fact could not be demonstrated to be afforded from any error of law, in the circumstances particularly when the same has been affirmed by the appellate authority.

3. In these circumstances, this Court refuses to exercise its Jurisdiction under Article 226 of the Constitution of India. The petition is, therefore, devoid of any merit and is, accordingly, dismissed.

Same Court & Year Allahabad · 2002 Same Parties Ram Pratap Misra vs District Magistrate/Licensing Authority a... Same Subject Civil Same Judge Anjani Kumar, J. Acts & Sections Arms Act, 1959 - Sections 13(1); Indian Penal Code (IPC) - Se...

Civil