Dilip Thakur v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15377 of 2014 =========================================================== Dilip Thakur, son of Late Ram Das Thakur, resident of village-Pojhiya, P.S.- Lalganj, District- Vaishali.

.... .... Petitioner

Versus

1.

The State of Bihar.

2.

The District Magistrate-cum-Collector, Vaishali at Hajipur. 3.

The Commissioner, Tirhut Division, Muzaffarpur. 4.

The Superintendent of Police, Vaishali.

.... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar @ Vijay Kr. Singh, Advocate For the Respondent/s : Mr. Nasim Yahya, G.P.-13 Mr. Ratnakar Ambastha, AC to GP-13 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 18-04-2016 Heard parties.

The petitioner seeks quashing of the order dated 23.08.2013 passed by the District Magistrate, Hajipur which has not been appended by him and also seeks quashing of the order dated 14.07.2014 passed by the Divisional Commissioner, Tirhut Division, Muzaffarpur in Arms Appeal No.544/2013 by which order passed by the licensing authority has been upheld and the appeal has been dismissed.

It is contended on behalf of the petitioner that there were four cases pending against him, out of which, in three cases, he has already been acquitted. One case being Lalganj P.S. Case No.39/1993 is still pending against him and on that ground his licence has been

Patna High Court CWJC No.15377 of 2014 dt.18-04-2016 2/2 refused.

In my view, that was valid ground for refusal of licence as the licensing authority has to satisfy itself regarding the claim of a person who is seeking licence and if a criminal case is pending against him that may be good ground for refusal of licence. Accordingly, I do not find any reason for warranting any interference in the impugned order.

This writ application is dismissed.

However, it is made clear that in case the petitioner is acquitted of the charge finally then he would be at liberty to approach the licensing authority by making fresh application for grant of firearm licence.

(Dr. Ravi Ranjan, J) V.K. Pandey/- U