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Patna High CourtCWJC/11050/2017allowed

Ajay Kumar Singh v. The State Of Bihar And ORS

2024-01-11Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11050 of 2017 ====================================================== Ajay Kumar Singh son of Late Shyamli Singh, Resident of Village- Sethna Sajaunja, P.S.- Halsi, District- Lakhisarai.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Lakhisarai, District- Lakhisarai. 3.

The District Arms Magistrate Lakhisarai, District- Lakhisarai. 4.

The In-charge Officer District Arms Magistrate, Lakhisarai. 5.

The Superintendent of Police, Lakhisarai, District- Lakhisarai. 6.

The Officer-in-Charge Halsi Police Station District- Lakhisarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar For the Respondent/s :

Mr.Sheo Shankar Pd.-Sc8 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-01-2024 Heard the parties.

2. The present application has been filed for setting aside the order dated 10.07.2017 passed in Miscellaneous Arms Case No. 01/2017 by the Court of Collector cum District Magistrate, Lakhisarai whereby and whereunder claim of the petitioner for revocation of cancellation of Arms Licence of Double Barrel Gun of the petitioner has been rejected without proper consideration of order dated 21.11.2016 passed by this Court in C.W.J.C. No. 6042/2016 which amounts to over reaching the direction and observation made by this Court in earlier round of litigation as also for a further direction to

Patna High Court CWJC No.11050 of 2017(6) dt.11-01-2024 2/2 revoke the cancellation of the licence of the petitioner.

3. It has been submitted by the learned counsel for the petitioner that the petitioner has been acquitted in Halsi P.S. Case No. 62 of 1998. It has further been submitted on behalf of the petitioner that in Gandhi Maidan (Patna) P.S. Case No. 215 of 2010, the Judicial Magistrate, Patna, by his order dated 08.07.2013 had directed for release of the gun and cartridges in favour of the petitioner.

4. This application is allowed with direction upon the District Magistrate, Lakhisarai, to release the arms and cartridges of the petitioner within two weeks from the date of communication of a copy of this order.

5. Let a copy of the order be communicated to the District Magistrate, Lakhisarai through FAX/e-mail forthwith for compliance of the order.

(Sandeep Kumar, J) Saif/- U