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Patna High CourtCWJC/14292/2023disposed

Prasun Kumar v. The State Of Bihar

2024-07-02Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14292 of 2023 ====================================================== Prasun Kumar Son of Sri Basudeo Rai, Resident of- Bigrahpur, Near Kumar Store, Purandrapur, P.O.- G.P.O., P.S.- Jakkanpur, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Home Secretary, Government of Bihar. 2.

Divisional Commissioner, Patna, Division, Patna. 3.

District Magistrate, Patna.

4.

Senior Superintendent of Police, Patna.

5.

Additional District Magistrate, (Arms), Patna. 6.

District Arms Magistrate, Patna.

7.

Sub-Divisional Officer, Sadar, Patna.

8.

S.H.O., Jakkanpur, Police Station, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Manisha Pandey, Advocate For the Respondent/s :

Mr.Sheo Shankar Prasad ( SC- 8 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-07-2024 The present writ petition has been filed seeking the following relief:- "1. That this is an application for issuance of writ(s) of Mandamus or other appropriate writ to set aside the order contained in Memo No. 2730 /Arms Patna, dated 04.08.2023 passed in Arms Case No. IX-518//2021 by the District Magistrate, Patna whereby and whereunder the petitioner's application for addition of N. P. bore Revolver / Pistol in the existing N. P.

Bore Rifle license bearing 69/2021 of Jakkanpur Police Station, District Patna, has been rejected in contravention of the provision of Rule 18 of the Arms Rule, 2016 and Section

Patna High Court CWJC No.14292 of 2023(3) dt.02-07-2024 2/2 14 of the arms act 1959 and also without considering the materials on record."

2.

After some arguments, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the order dated 04.08.2023 passed by the District Magistrate, Patna, rejecting the application of the petitioner for grant of additional arms license, by filing appropriate appeal. Liberty, so sought, is granted. 3.

It is needless to state that in case appropriate appeal is filed by the petitioner within a period of four weeks from today, the appellate authority shall consider the same on merits and pass a reasoned and a speaking order, in accordance with law, within a period of eight weeks, thereafter.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U