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2013 Supreme(Pat) 290

NAVIN SINHA, SHIVAJI PANDEY
Chandan Kumar Yadav @ Chandan Yadav @ Chandan Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Appellant: Ms. Shashi Priya Pathak with Mr. Rajesh Kumar Pandey.
For the Respondent: Mr. H.S. Sundaram.

ORDER

NAVIN SINHA, J.


1. We have heard Counsel for the appellant and the State.

2. The present appeal arises from the order dated 7.1.2013 dismissing CWJC No. 5075 of 2012 affirming the order dated 11.11.2011 passed by the Commissioner, Bhagalpur Division, in Misc. (Arms) Appeal Case No. 11 of 2009-2010 declining to interfere with the order for cancellation of his arms licence by the District Magistrate dated 12.10.2009. Learned Single judge held that acceptability of the explanation furnished by the appellant was the prerogative of the respondents and if they were not satisfied with the explanation it would not be proper exercise of jurisdiction for the Court to interfere in the matter.

3. Learned Counsel for the appellant submitted that a show cause notice was issued on 4.7.2009 on the ground that the appellant was charge sheeted in Gopalpur PS Case No. 175 of 2009, under Sections 302, 307 and other provisions of the Penal Code, Gopalpur PS Case No. 76 of 2008 under Sections 379, 447 and 34 Indian Penal Code, Gopalpur PS Case No. 386 of 2008 under Section 384, 504 and other provisions of the Penal Code. Out of 315 cartridges purchased only 100 were available with the appellant












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