Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1635 of 2024 ====================================================== Deepak Kumar Son of Sri Rameshwar Prasad Singh, Resident of villageSihma Dih, Sihma Barari, Ward No. 2, Police Station - Matihani, District - Begusarai.
... ... Petitioner
Versus
1.
The State of Bihar through the Chief Secretary Government of Bihar. 2.
The Additional Chief Secretary Home Department Government of Bihar. 3.
The Commissioner, Munger.
4.
The Collector cum District Magistrate, Begusarai. 5.
The Superintendent of Police, Begusarai.
6.
The Station House Office, Matihani Police Station, District - Begusarai. ... ... Respondents ====================================================== Appearance :
For the Petitioner/s :
Mr. Ansul, Advocate Mr. Rohit Raj, Advocate For the Respondent/s :
Mr. Ajeet Kumar, G.A.-9 Mr. Navin Vilochan Tiwary, A.C. to G.A.-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-04-2024 Heard the parties.
2.
In this case, the petitioner is challenging the order dated 22.12.2023 passed by the Collector-cum-District Magistrate, Begusarai, by which the arms license of the petitioner has been suspended and he was directed to deposit the arms immediately before the nearest police station or arms shop. 3.
It is an admitted position that the impugned order dated 22.12.2023 has been passed by the Collector-cumDistrict Magistrate, Begusarai without application of mind and without examining the records. It has been mentioned in the
Patna High Court CWJC No.1635 of 2024(4) dt.05-04-2024 2/2 impugned order that Deepak Kumar (petitioner) is accused in Begusarai Town P.S. Case No.372 of 2023. Now, an affidavit has come that Deepak Kumar (petitioner) is not the accused in Begusarai Town P.S. Case No.372 of 2023.
4.
In these circumstances, the entire order dated 22.12.2023 passed by the Collector-cum-District Magistrate, Begusarai is vitiated and accordingly, the same is quashed. 5.
Accordingly, this writ petition is allowed.
(Sandeep Kumar, J) pawan/- U