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2010 Supreme(All) 4290

SHRI NARAYAN SHUKLA
RAM SANEHI – Appellant
Versus
COMMISSIONER, LUCKNOW DIV. LUCKNOW – Respondent


Advocates:
Counsel :
Alok Kumar Srivastava for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

Hon’ble Shri Narayan Shukla, J.—Heard Mr. Alok Kumar Srivastava, learned counsel for the petitioner and Mr. Rakesh Kumar Srivastava, learned Standing counsel.

2. The petitioner has challenged the order dated 4-6-2010 Passed by District Magistrate, Hardoi; whereby the petitioner’s arms licence has been suspended due to his involvement in a criminal case as also the order dated 21-10-2010 Passed the Commissioner, Lucknow Division, Lucknow under the strength of the case decided by the Full Bench of this Court i.e. Chhanga Prasad Sahu v. State of U.P. and others, 1984 (10) ALR 223 (FB), in which it has been held that having regard to the scheme and purpose of the provisions contained in Sections 17 and 18 of the Act and the nature of the enquiry that a licensing authority is to make before directing revocation/suspension of an arms licence, it has no power to suspend the arms licence pending enquiry into its cancellation/suspension.

3. On the other hand, learned Standing counsel submits that in different case i.e. Kailash Nath and others v. State of U.P. and others (H.C,F.B.), 1985 (22) ACC 353, by the same very strength of the Bench of this Court it has been held that the righ













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