Patna High CourtCWJC/6745/2012disposed

Rajeshwar Singh @ Rajeshwar Pd v. The State Of Bihar And ORS

2015-08-19Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6745 of 2012 ======================================================

1. Rajeshwar Singh Alias Rajeshwar Pd. Singh Son Of Late Rang Bahadur Singh Resident Of Village-Ghataro Tola Ram Nagar, P.S. Kartahan, District-Vaishali .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Commissioner, Tirhut Division, Muzaffarpur

3. The District Magistrate, Vaishali At Hajipur

4. The District Arms Officer, Vaishali At Hajipur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner : M/s Markandeya Singh and Raghunath Singh, Advocates For the State : Mr. Rajesh Kumar Sinha, GP 25 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 19-08-2015 Heard learned counsel for the petitioner and the State. It appears that the arms licence of the petitioner was revoked vide order dated 26.07.2000 as contained in Annexure 4 in view of his involvlement in Lalganj Kartaha Police Station Case No. 115 of 1999. The appeal was also dismissed vide Annexure 5 dated 01.02.2007.

It is regretted that the Arms Appeal filed in the year 2001 was kept pending for seven years and was dismissed by writing one sentence, without assigning any reason, holding that there is no irregularity in the order of the licensing authority. However, in view of the fact that the petitioner claims that he has been acquitted of the charges vide Annexure 1 dated

Patna High Court CWJC No.6745 of 2012 (5) dt.19-08-2015 03.07.2010 which is a judgment in the concerned criminal trial, this Court is inclined to dispose of the writ petition granting liberty to the petitioner to approach the licensing authority along with a certified copy of this order and also a certified copy of the judgment delivered in Sessions Trial No. 256 of 2000/93 of 2009 which, according to him, arose out of the aforesaid police case. On such action having been taken on behalf of the petitioner, let the licensing authority examine the matter, consider the case of the petitioner and take a fresh decision by passing a reasoned order in accordance with law and also considering the subsequent development which has occurred, as discussed above. This disposes the writ petition.

(Dr. Ravi Ranjan, J) SC/- U