Allahabad High Court
Anand Bahadur Singh vs District Magistrate Ballia And 4 Others on 1 May, 2020
Author: Ashwani Kumar Mishra
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?In Chamber Case :- WRIT - C No. - 9164 of 2020 Petitioner :- Anand Bahadur Singh Respondent :- District Magistrate Ballia And 4 Others Counsel for Petitioner :- Indra Raj Singh,Adarsh Singh Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J.
This petition is placed before the Court in Chambers by the Registry, as the precautions required to be taken up in view of the COVID-19 pandemic requires various strict measures, including following of social distancing etc. Consequently, the appearance of parties and their counsel/s is dispensed with. I have perused the records.
This petition is directed against an order/notice dated 26.2.2020, passed by the District Magistrate, Ballia, whereby petitioner's firearm licence has been suspended on the ground that firearm itself has been misused. Reliance is placed upon a criminal cases registered against the petitioner. A direction has also been issued to deposit the firearm to the police station concerned.
Order impugned has been challenged on the ground that petitioner has been falsely implicated in the criminal case under section 151/107/116 Cr.P.C. It is stated that mere initiation of criminal proceedings is not a ground to suspend petitioner's firearm licence.
Be that as it may, at this stage only notice has been issued to the petitioner. The notice dated 26.2.2020 has been issued by the competent authority. In such circumstances, remedy of the petitioner would be to file a reply/objection to the notice issued by the District Magistrate concerned. Petitioner would be at liberty to file a reply/objection, annexing all materials in support of his claim, if not already filed, within two weeks from today alongwith copy of this order. The District Magistrate concerned shall proceed thereafter in accordance with law after considering petitioner's reply. A final decision in the matter would be taken by the authority concerned within a period of two months from the date of resumption of regular functioning of the office concerned. In case petitioner has not already deposited the firearm, the same shall be subject to the final order to be passed by the authority concerned, as indicated above. All issues raised by the petitioner shall be dealt with in accordance with law.
With the aforesaid observations/directions this petition stands disposed of.
The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.
Order Date :- 1.5.2020 Ashok Kr.