Ramadhar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8024 of 2016 =========================================================== Ramadhar Singh Son of Late Ram Prasad Sngh resident of village - Baraka Dumara, P.S. Ara Muffasl, Dstrct - Bhojpur .... .... Petitioner

Versus

1. The State of Bihar through Principal Secretary, Department of Home, Government of Bihar, Patna

2. The Principal Secretary, Department of Home, Government of Bihar, Patna

3. The District Magistrate, Bhojpur, Ara .... .... Respondent =========================================================== Appearance :

For the Petitioner : M/s Ganesh Pd. Singh and Prabhat Kumar Singh, Advocates For the State : Ms Shilpa Keshri, AC to AAG XI =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 20-06-2016 Petitioner's firearm licence was suspended in view of the lodgment Mofussil Police Station Case No. 47 of 2008. Due to alleged misuse of the firearm, a show-cause notice was issued to him as to why his licence should not be cancelled.

Petitioner filed a reply to the aforesaid show-cause notice stating that he has not been an accused in the concerned case rather his two sons have been made accused who have been acquitted of the criminal charges and on such assertion having been made the licensing authority has sought report from the Superintendent of Police, Bhojpur regarding the conduct of the petitioner so that a

Patna High Court CWJC No.8024 of 2016 dt.20-06-2016 decision could be taken regarding revocation of the suspension of the licence of the petitioner. It is contended that vide Annexure 7 dated 09.02.2013 the Superintendent of Police, Bhojpur had sent his report stating that the suspension of the licence of the petitioner can be revoked, however, it is contended that no final decision has been taken as yet.

Accordingly, I dispose of this writ petitioner with a direction to the District Magistrate-cum-Licensing Authority, Bhojpur, i.e., respondent no. 3, to take a final decision in the matter on its own merit and in accordance with law in Criminal Miscellaneous No. 15/2008 within a period of two months from the date of receipt/production of a copy of this order. (Dr. Ravi Ranjan, J) SC/- AFR/NAFR NAFR CAV DATE NA Uploading Date 24-06-2016 Transmission Date NA