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Patna High CourtCWJC/10462/2023allowed

Ramesh Singh v. The State Of Bihar

2023-11-30Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10462 of 2023 ====================================================== Ramesh Singh Son of Shyam Narayan Singh Resident of village- Kajichak Charh, P.S.- Makhdumpur, District- Jehanabad - 804427. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Home Secretary, Government of Bihar, Patna. 2.

The District Magistrate, Jehanabad.

3.

The Commissioner, Magadh Division, Gaya.

4.

Additional District Magistrate (Arms), Jehanabad. 5.

District Arms Magistrate, Jehanabad.

6.

Senior Superintendent of Police, Jehanabad.

7.

Sub Divisional Police Officer, Sadar, Jehanabad. 8.

Station Head Officer, Makhdumpur Police Station District- Jehanabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Apurva Kumar, Advocate Mr. Santosh, Advocate For the Respondent/s :

Mr.Manish Kumar ( Gp 4 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-11-2023 Heard the learned counsel for the parties.

2. This application has been filed for quashing the order dated 01.10.2019 passed by the Commissioner, Magadh Division, Gaya in Arms Appeal No. 31 of 2016.

3. The Arms Appeal No. 31 of 2016 has been dismissed on 01.10.2019 by the Commissioner, Magadh Division, Gaya.

4. The learned counsel for the petitioner submits that a typed petition was filed but the same has not been considered by the Comissioner.

Patna High Court CWJC No.10462 of 2023(2) dt.30-11-2023 2/2

5. Without going into the dispute in the interest of justice, the Arms Appeal No. 31 of 2016 is restored.

6. The Commissioner, Magadh Division, Gaya is directed to dispose of the appeal within two months from the date of communication of this order.

7. While considering the appeal, the Commissioner will also consider the fact that the daughter of the petitioner was killed by the criminals.

8. With the aforesaid observation and direction, this application is allowed and the order dated 01.10.2019 passed by the Commissioner, Magadh Division, Gaya in Arms Appeal No. 31 of 2016 is hereby quashed.

(Sandeep Kumar, J) Shishir/- U