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2010 Supreme(All) 4025

A.P.SAHI
FIRASAT ALI @ MUNNA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Zafeer Ahmad for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

Hon’ble A.P. Sahi, J.—The petitioner has come up against the order of District Magistrate dated 9.4.2009 and the order in appeal dated 16.8.2010 affirming the same whereby the arms license of the petitioner has been cancelled. The arms licnese was cancelled on the ground that the petitioner was involved in a solitary criminal case being case crime No. 768 of 2008 under Sections 323/504/506/307 IPC. During the pendency of the appeal before learned Commissioner the petitioner appears to have produced a copy of the judgment of the trial Court acquitting the petitioner dated 10.6.2010 which has also been brought herein on record. A perusal thereof indicates that the victim has not been found to suffer any firearm injury. Not only this it is a clear acquittal after discussing the entire evidence of a competent Court. Learned Commissioner while disposing of the appeal has arrived at the conclusion that police report indicates that the petitioner had utilized the said arm, during the said occurrence. He has further rendered an opinion that since the aforesaid criminal case was registered against him therefore it cannot be said that the petitioner will not misuse his firearm in fut




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