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2021 Supreme(All) 1590

NEERAJ TIWARI
Nar Singh Yadav – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Umesh Prasad Singh
For the Respondent: C.S.C.

JUDGMENT :

Neeraj Tiwari, J.

1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

2. Learned counsel for the petitioner submitted that petitioner was issued arms licence of pistol by the District Magistrate, Gorakhpur vide order dated 14.6.2013 and accordingly, he purchased the pistol. He next submitted that District Magistrate, Gorakhpur-respondent no. 3 issued show cause notice under Section 17(3) of the Arms Act, 1959 (hereinafter referred to as the Act, 1959) to the petitioner on 12.10.2015 as to why his licence may not be cancelled, against which petitioner filed reply on 9.3.2016. Ultimately respondent no. 3 vide impugned order dated 10.5.2016 cancelled the arms licence of the petitioner only on the ground of apprehension. Petitioner is a law abiding person and during course of Panchayat Election, 2015, he deposited his pistol in the Malkhana of Police Station Gagaha. He next submitted that in the impugned order, it has been observed that in an incident, petitioner himself has received injury, but contrary to that, his arms licence has been cancelled on the ground of apprehension only. Against the said order, petitioner preferred an

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