IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.2227 of 2010
1. BRAJESH MISHRA S/O SRI GOPAL MISHRA R/O MOHALLA- EAST ASHOK NAGAR, ROAD NO.-
14, P.S.- KANKARBAGH, DISTT.- PATNA
Versus
1. THE STATE OF BIHAR
2. THE DISTRICT MAGISTRATE PATNA
3. THE DISTRICT ARMS MAGISTRATE
4. THE D.G.P. BIHAR, PATNA
5. THE SENIOR SUPRINTENDENT OF POLICE PATNA
6. THE CITY S.P. PATNA
7. THE S.D.P.O. PATNA SADAR, PATNA
8. THE S.H.O. CUM INSPECTOR KANKARBAGH POLICE STATION, PATNA
For the Petitioner: Mr. Rajendra Kr. Jain, Adv.
For the State: Mr. A. Amanullah, G.A.-4.
Mr. Arun Kr. Pd., A.C. to G.A.4.
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2/ 18/04/2011 Heard learned counsel for the petitioner and
learned counsel for the State.
The petitioner is stated to have applied for an
arms licence. It was kept pending awaiting police report.
On passage of sufficient time, the District Magistrate has
rejected it on 23.10.2009 as the police report was not
forthcoming. It appears from the counter affidavit that
subsequently the police report has been made available
on 23.11.2009 though after the rejection.
The Court does not concur with the submission
on behalf of the State that the petitioner may apply afresh
in that light. If the rejection was on the aforesaid ground
only and was attributable to official lapses, the petitioner
cannot be saddled with the burden. Subject to no other
objection in law being there let the licensing authority
now consider his application in light of the received police
report preferably within a maximum period of two months
from the date of receipt/production of a copy of this
2
order.
The writ application stands disposed.
KC ( Navin Sinha, J.)