Court No. - 21 Case :- WRIT - C No. - 40394 of 2010 Petitioner :- Bhartendu Chaube Respondent :- State Of U.P. & Ors. Petitioner Counsel :- P.C. Pandey Respondent Counsel :- C.S.C. Hon'ble V.K. Shukla,J.
In the present case on account of conviction, petitioner being charge sheeted
in Case Crime No. 216 of 2010, under Sections, 323,504,506 I.P.C. read with
Chalani report under Section 151,107/115 Cr. P.C.. Licensing authority on
recommendation being made, has proceeded to pass order of suspension and
simultaneously notice has also been issued as to why proceeding be not
initiated for cancellation. At this juncture present writ petition has been filed.
It has been sought to be contended by the petitioner that 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 judgement
in the case of Nagroo Ram Vs. state of U.P. and others reported in 2000
(Suppl. ) ACC 834 (HC. LB). Said argument of the petitioner cannot be
accepted for the simple reason that view by full Bench of this court in the case
of Chhanga Prasad Sahu Vs. state of U.P. & others, 1994 A.W.C. 145 and as
laid down in paragraph 32 in Rana Pratap Singh & Anr. Vs. State of U.P. &
ors, 1995 All, CJ 200 has been explained by mentioning that suspension is
justified or not depends on the order of the licensing authority and on the
scrutiny as to whether the conditions for suspension during inquiry has been
fulfilled or not in the case Ramesh Singh Vs. state of U.P. and others reported
in 2007(3) ADJ 606 and 2007(3) ALJ 300. Here registration of criminal case,
in the opinion of Licensing Authority has nexus with the public peace/public
safety.
Consequently, in case till date final orders of cancellation has not been
passed, then liberty is given to petitioner to submits his reply within four
weeks from today before the licensing authority, who shall take appropriate
decision in accordance with law after taking into reply so submitted by the
petitioner, preferably within period of eight weeks from the date of production
of certified copy of this order.
With these observations, writ petition is disposed of.
Order Date :- 14.7.2010
T.S.