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1981 Supreme(All) 68

K.M.DAYAL, M.N.SHUKLA
UDAIVEER SINGH – Appellant
Versus
D. M. FARRUKHABAD – Respondent


Advocates Appeared:
R.C.SRIVASTAVA, V.K.S.Chaudhary

M. N. SHUKLA, J.

( 1 ) THE petitioner held a licence for SBBL gun. A notice dated 20-7-1972 was served on him to show cause why his licence may not be cancelled on the ground that he was involved in proceedings under Section 107/ 117 of the Criminal Procedure Code. It is true that such proceedings were commenced against the petitioner but the most important fact to be noticed is that the parties to that case entered into a compromise and in pursuance thereof the proceedings were dropped by an order dated 3-2-1973 filed as Annexure 4 to the writ petition. The order was passed by the Sub-Divisional Magistrate concerned. He recorded a categorical finding -- "i am satisfied that there is no apprehension of breach of peace. The notice against the opposite parties is withdrawn and they are let off. " Still, however, the District Magistrate by his order dated 17-9-1973 cancelled the licence of the petitioner. The petitioner filed an appeal on 17-12-1973 which was dismissed by the appellate authority, namely, the Commissioner. Allahabad Division on 1-6-1974. The petitioner has challenged the orders passed by the District Magistrate as well as the Commissioner. As far as the appellate order













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