Md. Ehsan Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.334 of 2021 Arising Out of PS. Case No.-75 Year-2019 Thana- NIMCHAKBATHANI District- Gaya ====================================================== MD. EHSAN ALI Son of Md. Shahbuddin Resident of Village - Bandi, P.S. Neemchak Bathani, District - Gaya.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

The Director General of Police, Magadh Range, Gaya. Bihar 3.

The Inspector General of Police, Magadh Range, Gaya. Bihar 4.

The Deputy Inspector General of Police, Magadh Range, Gaya. Bihar 5.

The District Magistrate, Gaya. Bihar 6.

The Superintendent of Police, Gaya. Bihar 7.

The officer In- Charge, Neemchak Bathani Police Station, Gaya. Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kunwar Narayan Jamuar For the Respondent/s :

Mr. Md. Irshad, AC to SC 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-08-2023

1. Heard learned Counsel for the parties concerned.

2. Learned Counsel for the petitioner submits that the present writ application has been filed for a direction to the respondent no. 6, the District Magistrate, Gaya, to take appropriate and immediate action on the application of the petitioner, dated 18.10.2019, as contained in Annexure 3 to this writ application regarding cancellation of arms license issued in the name of Late Ulfat Hussain. According to the petitioner, the licensee has died and his grandson, Khustar Raza, is holding the weapon without

Patna High Court CR. WJC No.334 of 2021(4) dt.17-08-2023 2/2 getting the arms license transferred in his name.

3. From perusal of the statement made in this writ application, it is evident that both the parties are resident of the same village, having personal issue and First Information Report has also been lodged by the petitioner, bearing Nimchak Bathani Police Station Case No. 140 of 2019, on 16.10.2019, which is pending investigation.

4. Taking into consideration the nature of submission made by learned Counsel for the petitioner, in my opinion, this Court cannot be a tool to settle personal dispute between the two parties. However, it is open to the District Magistrate, Gaya, to take appropriate action in accordance with law regarding transfer of arms license.

5. This application is, accordingly, dismissed. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √