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2007 Supreme(All) 2653

ASHOK BHUSHAN
NOOR ALAM – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Haji S. Kamal Akhtar Khan for the Petitioners; D.K. Tripathi, S.C. for the Respondents.

JUDGMENT

Hon’ble Ashok Bhushan, J.—Heard Sri Haji S. Kamal Akhtar Khan, learned Advocate appearing for the petitioners and Sri D.K. Tripathi, learned Standing Counsel appearing for the respondents.

2. These two writ petitions raise similar issues; both have been heard together and are being decided by this common judgment. It is sufficient to note the facts of Writ Petition No. 47086 of 2007 for deciding both the writ petitions.

3. Both the writ petitioners pray for quashing the order dated 23rd December, 2004 passed by the District Magistrate cancelling the arm licence granted to the petitioners and the order dated 3rd February, 2007 dismissing the appeals filed by the petitioners.

4. Facts of the case, briefly noted are : the District Magistrate issued notice under Section 17 of the Arms Act, 1959 asking the petitioner to show cause as to why the licence be not cancelled on the ground that petitioner has been convicted in Criminal Case No. 30 of 1996, under Sections 147, 148, 149 and 307 of I.P.C. for five years rigorous imprisonment and fine. Notice further stated that in future the arm can be used causing serious incident, which may lead to breach of public safety. The petitioner s




















































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