Allahabad High Court
Netrapal Singh vs State Of U.P. & Anr. on 22 January, 2010
Author: V.K. Shukla
Bench: V.K. Shukla
Court No. - 21 Case :- WRIT - C No. - 2942 of 2010 Petitioner :- Netrapal Singh Respondent :- State Of U.P. & Anr. Petitioner Counsel :- Braham Singh,Susheel Kr. Tewari Respondent Counsel :- C.S.C. Hon'ble V.K. Shukla,J.
Learned Standing Counsel has accepted notice on behalf of the respondent nos. 1 and 2.
He is granted eight weeks time to file counter affidavit. Rejoinder affidavit may be filed within four weeks thereafter.
List after twelve weeks.
It has been contended on behalf of the petitioner that in the present case on account of village politics and on account of initiation of proceeding under sections 107/116 Cr. P.C., proposal has been made for initiation of proceeding under Indian Arms Act. Petitioner has contended that in respect of incident, on which proceeding was initiated, he was not present on the spot and had no role to play on the said date. Petitioner has contended that on mere apprehension, such proceedings has been initiated, and as far as proceeding under Sections 107/116 Cr. P.C. is concerned, he has already entered appearance and furnished personal bond. Petitioner submits that based on the said fact cancellation proceedings of fire arm are an out come of the malice and during the pendency of the cancellation proceedings, order of suspension pending inquiry could not have been passed in view of judgement in the case of C.P. Sahu Vs. State of U.P. and others reported in 1984 AWC 145 and judgment in the case of Nagroo Ram Vs. state of U.P. and others reported in 2000 (Suppl. ) ACC 834 (HC. LB) Prima facie arguments advanced, appears to have some substance, consequently, till the next date of listing, operation of the order dated 26.11.2009 shall be kept in abeyance.
Order Date :- 22.1.2010 T.S.