JUDGMENT :

Sudhir Agarwal, J.

1. Heard Sri N.K. Singh, Advocate for petitioner and learned Standing Counsel for respondents.

2. This writ petition under Article 226 of the Constitution of India has been filed challenging order dated 3.7.2009 passed by District Magistrate, Hardoi cancelling firearm licence of petitioner under section 17(3) of Arms Act, 1959 (hereinafter referred to as "Act, 1959") and appellate order dated 29.7.2009 passed by Commissioner, Lucknow Division, Lucknow rejecting petitioner's appeal.

3. A show cause notice was issued to petitioner as to why his firearm licence be not cancelled since a criminal case being Case Crime No. 410 of 2007, under sections 147, 148, 149, 307, 504, I.P.C. has been registered against him and therefore, it appears that petitioner has misused his firearm.

4. Petitioner submitted a detailed reply dated 28.12.2007 in which he denied all the allegations and stated in respect of criminal case registered against him that he was not present at the place of incident and he is not engaged in any criminal activities.

5. Without considering petitioner's reply, in a mechanical manner relying on police report dated 18.9.2007, pursuant whereto show caus