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1986 Supreme(All) 108

K.NATH
Anand Prakash Pandey – Appellant
Versus
Commissioner Faizabad Region, Faizabad – Respondent


Judgment

K. Nath, J.

1. IN this petition under Article 226 of the Constitution the suspension of the petitioner's licence of a single barrel gun under Section 17 of the Indian Arms Act has been challenged.

2. IT appears that in respect of an offence which took place on 30-1-1983, the applicant Anand Prakash was prosecuted for an offence under section 307/325/336 IPC for having caused injuries by firing at Krishna Prasad and others. In this connection the gun of the petitioner was seized by the police. The petitioner also filed the cross FIR against Krishna Prasad and others for offence under section 147/148/149/324 IPC ; both the cases are pending.

In the meantime the police instituted a proceeding under section 107/116 Cr. P.C. between the two parties ; that proceedings case was dropped. In the course of the criminal trial against the petitioner under Section 307/325/336 IPC the seized gun was ordered to be released in his favour. Subsequently on the basis of a report of Superintendent of police, the District Magistrate issued a notice on 30-7-83 to the petitioner to show cause as to why his licence for the gun may not be suspended. After the petitioner had shown cause, the District



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