Akhileshwer Upadhaya v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 12347 of 2016 =================================================== Akhileshwer Upadhaya, S/o Sri Tarkeshwar Upadhaya, R/o Vill+ P.O.- Sukarwaliya, P.S.- Itadhi, Distt- Buxar.
.... .... Petitioner.
Versus
1. The State of Bihar through Chief Secretary
2. The District Magistrate, Buxar,
3. The Arms Magistrate, Buxar,
4. The Superintendent of Police, Buxar,
5. The Officer-In-Charge, Itadhi, Block, P.S- Itadhi, Distt. Buxar. .... .... Respondents =================================================== Appearance :
For the Petitioner : Mr. Rajiv Ranjan Kr. Pandey, Adv. : Mr. Kritya Nand Jha, Adv.
For the Respondents: Mr. Ravindra Kumar, AC to AAG-6. =================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 28-11-2016 Heard learned counsel for the petitioner and the State. Petitioner's application for grant of licence of firearm has been rejected on 22.02.2016, as contained in Annexure-6 passed by the Licensing Authority-cum-District Magistrate, Buxar in Arms Appeal No. 59/2015 on the ground of lack of evidence regarding specific threat perception. The issue is no longer res integra as this Court has considered the issues in Manish Kumar Vs. The State of Bihar and Ors. [2015(4) PLJR 212] holding that lack of evidence regarding threat perception upon the applicant cannot form a
Patna High Court CWJC No.12347 of 2016 dt.28-11-2016 ground for refusal of arms licence under Section 14 of the Arms Act.
As a result, the impugned order 22.02.2016, as contained in Anneuxre-6 is, hereby, set aside and the matter is remitted back to the authority concerned to take a fresh decision in accordance with law within a period of three months from the date of receipt/production of a copy of this order. However, it would be open to the Licensing Authoritycum-District Magistrate, Buxar to seek a fresh police report in the matter.
Accordingly, this writ petition stands allowed. Vikash/- (Dr. Ravi Ranjan, J.) AFR/NAFR NAFR CAV DATE NA Uploading Date 13.02.2017 Transmission Date NA