JUDGMENT :

1. Heard learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State-respondents. Perused the record.

2. The present petition has been filed with the following prayer :

"(a) issue a writ, order or direction in the nature of certiorary to quash the orders dated 17.2.2004 (Annexure No.1) passed by respondent no.2 and order dated 26.4.2005 (Annexure No.3) passed by respondent no.3.

(b) issue a writ, order or direction in the nature of of Mandamus directing the respondents not to compel the petitioner for depositing of Arms Licence No. 1316 and Revolver before anyone."

3. As per the petition and the documents annexed with the petition, following cases were pending against the petitioner:

(a) Case Crime No. 16 of 2000, under Section 323, 307 IPC, Police Station Civil Lines Etawah, in which I.O. has submitted final report no 265 of 2001 on 14.3.2000 which was accepted by the trial Court on 2.6.2005.

(b) Case Crime No. 442 of 1999, under Section 3/4 of Goondas Act, Police Station- Civil Lines, Etawah in which a report was sent by the police to the respondent no.2, but he had returned all the papers on 8.9.1999 to the concerning Station House Officer and in this regard question-answer dated 27.5.2005 (annexed as No. 4) wherein it is stated that neither the case is pending nor the challani report has been received.

(c) Case Crime No. 167 of 1999 under Section 323, 504 and 506 IPC, Police Station Ushrahar, District-Etawah.- In this case police has submitted charge-sheet only for the Section 504 I.P.C. and final order was passed by the Trial Court on 27.4.2005 discharging the petitioner. (Annexure No. 6 to the writ petition).

4. According to the petitioner the arms license and revolver has not been surrendered before the competent Court and both the properties are still in possession of the petitioner. The license was valid upto 31.12.2006. The respondents were bound to afford opportunity of personal hearing and if they would have provided the opportunity of hearing, they would have not passed such order. The orders have been passed on the basis of false and fabricated report sent by the police with the collusion of inimical persons to the petitioner. Hence the impugned orders are liable to be quashed with cost.

5. On the aforesaid grounds the petitioner has prayed to issue a writ, order or direction in the nature of mandamus directing the respondents not to compel the petitioner for depositing of Arms License No. 1316 and revolver before anyone.

6. Against the petition no counter affidavit has been filed by the respondents nor instructions have been sent by the respondents to the learned Standing Counsel to enable him to argue the case. Hence this order is being passed after considering the material available on record.

7. From the perusal of records it transpires that Case Crime No. 16 of 2000, under Section 323, 307 IPC, Police Station Civil Lines, Etawah, final report number 265 of 2001 has been accepted by the trial court on 2.6.2005.

8. Case Crime No. 442 of 1999, under Section 3/4 of Goondas Act, Police Station-Civil Lines, Etawah, question-answer dated 27.5.2005 shows that no challani report regarding the Goondas Act has been sent to the District Magistrate, Etawah.

9. So far as Case Crime No. 167 of 1999 under Section 323, 504 and 506 I.P.C. is concerned, only charge-sheet under Section 504 I.P.C. was produced from which petitioner has been discharged as evident from the perusal of annexure no. 6.

10. It would be proper to see the case in view of the cases decided by the Courts of Records on the point. Hence some relevant cases are referred and discussed to reach at the correct conclusion.

11. In Ram Prasad Vs. Commissioner And Others 2020 0 Supreme (All) 104, District Magistrate cancelled the arms license on the basis of pendency of criminal cases against the petitioner. Petitioner was later on acquitted from the criminal cases. Order of Acquittal was not showing use of fire arm of the petitioner.