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2004 Supreme(All) 2334

ASHOK BHUSHAN
Rajeswer Mishra son of Harihar Mishra – Appellant
Versus
State of U. P. through Home Secretary, District Magistrate, Station Officer, Police – Respondent


Advocates Appeared:
H.K.MISHRA,

ASHOK BHUSHAN, J.

( 1 ) HEARD counsel for the petitioner and the learned Standing Counsel. Supplementary affidavit filed today be accepted on record.

( 2 ) BY this writ petition, the petitioner has prayed for quashing order dated 3. 12. 2004 by which the District Magistrate has issued show cause notice to the petitioner to why the arm license be not. cancelled and by the same order has suspended the arm license.

( 3 ) SHRI H. K. Mishra challenging the order contended thai the arm license cannot be suspended during pendency of any criminal case. He further contended that District Magistrate has no jurisdiction to direct for deposit of the arm till the license is not cancelled. He has placed reliance on the full judgment of this Court reported in 1984 AWC 145 Chhanga Prasad Sahu v. State of u. P and Ors. and the judgment of learned Single Judge reported in 2003 (46) ACC 248 Satish chandra v. State of U. P and Anr.

( 4 ) I have considered the submissions and perused the record. The submission of the counsel for the petitioner is that license of the petitioner cannot be suspended during pendency of enquiry as laid down by the Full Bench in C. P Sahus case (supra ). The Full Bench of thi









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