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2009 Supreme(All) 477

DEVI PRASAD SINGH
SATISH SINGH – Appellant
Versus
DISTRICT MAGISTRATE, SULTANPUR – Respondent


Advocates:
Counsel :
Syed Mohammad Munis Jafari for the Petitioner; Jai Shanker Misra, S.C. for the Respondents.

JUDGMENT

Hon’ble Devi Prasad Singh, J.—Heard Sri Syed Mohd. Munis Jafari, learned counsel for the petitioner and Sri Jai Shanker Misra learned Standing Counsel and perused record.

2. The petitioner through the present writ petition has challenged the impugned order dated 28.4.2005 passed by the District Magistrate Sultanpur Annexure-1 as well as the order dated dated 3.4.2008 passed by the Commissioner Faizabad Division, Faizabad Annexure-2, with regard to cancellation of petitioner’s arms licence for SBBL Gun.

3. In brief, from the allegations on record, it appears that on 20.5.2004, the petitioner had gone to attend a Barat (marriage ceremony) at Gola District Gorakhpur. In the said Barat, it appears that firearms were used to celebrate the occasion during solemnization of marriage and in the said firing, a Barati was injured and, on account of injuries caused in the said firing, the person succumbed to injuries. An F.I.R. was lodged under Crime No. 146/2004 under Sections 302, 352, IPC at PS Gola District Gorakhpur in which no one was named. However, after investigation the police has submitted charge-sheet against the petitioner under Section 304 of IPC. On the basis of the said





















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