High Court Patna High Court - Orders

Gananand Mishra vs The State Of Bihar & Ors on 1 July, 2011

Patna High Court – Orders
Gananand Mishra vs The State Of Bihar & Ors on 1 July, 2011
                      IN THE HIGH COURT OF JUDICATURE AT PATNA

                       CIVIL WRIT JURISDICTION CASE No.525 of 2011

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GANANAND MISHRA – Petitioner/s(s)
Versus
THE STATE OF BIHAR & ORS – Respondent/s(s)
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Appearance :

For the Petitioner/s : Mr. BINODANAND MISHRA
For the Respondent/s: Mr. J.P.KARN AAG9
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4 1.7.2011 The petitioner seeks quashing of the order dated

14.9.2010 passed by the Commissioner, Darbhanga Division,

Darbhanga whereby the appeal bearing Misc. Case No.27/2007-08

filed by the petitioner has been rejected.

The petitioner was holder of Arms Licence No. 23 of

74 of DBBL Gun NO.7054980 and Licence No.522 of 1980 of

Revolver No.32 LJW 884002. On the basis of recommendation of

the Superintendent of Police, Madhubani dated 11.10.2004

contained in letter no.3777(CR) the licence of the petitioner was

suspended and thereafter the licence was cancelled by order of the

District Magistrate, Madhubani. The appeal preferred against the

order of cancellation of licence before the Commissioner also did

not succeed.

Learned counsel submits that an F.I.R. bearing

Jhanjharpur R.S. Shivir P.S. Case No.156 of 2003 under sections

147, 149, 427/506 of I.P.C. and section 27 of the Arms Act was

instituted against the petitioner. It would appear from the F.I.R.

that there was some land dispute and the petitioner at the worst

was alleged to have opened fire in the air. There is no allegation
2

that he intend to injure or hurt any one by opening fire. He further

submits that in all these years the petitioner has kept good

behaviour and by now the period of cancellation of his licence

completes over six years. The petitioner faces threat to his life and

on account of village politics the people are trying to encroach

upon his land.

Counsel for the State submits that the petitioner took

law on his own hand and he should have approached the District

administration if he had any grievance in this regard.

Having heard learned counsel for the parties and on

going through the materials on record, it appears that charge sheet

has been submitted in the case wherein it has been stated that the

petitioner had opened fire in the air to frighten the other side. So

far as threat of his life and property from extremists and other anti

social elements are concerned, it would be always open to the

petitioner to approach the District Administration for necessary

protection. However, it would be open for the petitioner to file a

representation before the appropriate authority for revocation of

his licence if the criminal case is not disposed of within a period of

two years from today.

With the aforesaid observations and directions, this

writ petition stands disposed of.

(S.P.Singh,J)
KHAN