S.S.SANDHAWALIA, J.

1. Would the registration and pendency of a criminal case for a major or capital offence justify the suspension or revocation of a licence under Clause (a) of Sub-Section (3) of S.17 of the Arms Act - is the significant question necessitating this reference to the Full Bench.

2. The facts lie in a narrow compass. Kapildeo Singh petitioner was the holder of a licence for D. B. B. L. gun granted by District Magistrate of Sitamarhi. On the 14th of November, 1978 a case under Ss.302, 307, 147, 148, 149 and 436 of the Indian Penal Code, S.27 of the Arms Act and S.3 of the Explosive Substances Act was registered at Police Station Dumra against the petitioner and others. Therein inter alia, allegation had been made that the petitioner Kapildeo Singh armed with his gun was a member of the unlawful assembly and in the transaction gunshots were fired at Tribeni Baitha, though the actual fatal injuries were attributed to the gun of Mangru Singh, co-accused. Later the police after investigation submitted charge-sheet and the Chief Judicial Magistrate, Sitamarhi, took cognizance and committed the petitioner and his co-accused to the Court of Session where the trial i