JUDGMENT :

Umesh Chandra Sharma, J.

1. This writ petition has been instituted by the petitioner-arm licence holder to quash the arm licence cancellation order dated 17.02.1999 passed by the District Magistrate, Ghazipur/Licencing Authority and order dated 06.01.2004 passed by the Appellate Authority/Commissioner, Varanasi Region, Varanasi confirming the cancellation order.

2. In brief, facts of the case are that the petitioner is the resident of Village Jamuaon, Post Office Barsara, Police Station Karanda, District Ghazipur. He is a reputed person of his locality and he also possesses an arm licence of SBBL as Licence No.303/P/11 (SBBL No.15868). One Mithai Lal, active member of the naxali organization namely Bhartiya Communist Party (Male), Block Prabhari of the said organization, on 24.02.1997 lodged an FIR against the petitioner including six other persons. He wanted to spread the effect and influence of his organization in the concerned area to grab some property of the State Government with the help of other active members of the said organization, as a result, the villagers of the petitioner’s village made an application before the revenue authorities as well as police authorities also and when he did not succeed in his purpose, he lodged the alleged FIR on the vexatious ground, however, there was no any specific role of the petitioner as mentioned in the alleged FIR. The FIR was lodged in Case Crime No.26 of 1997, under Sections 147, 148, 149, 323, 342, 504, 506 IPC in which SHO, Karanda submitted report dated 28.10.1997 to respondent no.3 for cancellation of the licence of the petitioner. After receiving the report dated 28.10.1997, the respondent no.3 issued a show cause notice on 05.11.1997 (annexure no.2) to the petitioner directing him to appear before him on 02.12.1997 and explain as to why his licence may not be cancelled. The petitioner appeared before the respondent no.3 and submitted his reply on 20.04.1998 mentioning therein that he neither has criminal antecedent nor has committed any such offence as alleged and only on the political pressure, the FIR has been lodged on the false and vexatious grounds. It was also mentioned in the reply that no person of his village has lodged any FIR regarding the alleged incident and no such offence took place in the village but afterthought for mounting pressure on the reputed persons of the said area, the aforesaid FIR was lodged by the active member of naxali organization. However, without applying his judicial mind and on the ground of said FIR and police report, the respondent no.3 cancelled the arm licence issued to the petitioner vide order dated 17.02.1999 (annexure no.3 to the writ petition).

3. Being aggrieved by the order dated 17.02.1999, the petitioner filed an appeal under Section 18 of the Arms Act before respondent no.2 on 15.03.1999 praying for setting aside the order dated 17.02.1999. After hearing the matter, the respondent no.2, Commissioner, Varanasi Region, Varanasi, dismissed the appeal vide judgment and order dated 06.01.2004 (annexure no.5).

4. The dispute as alleged in the FIR is that number of persons have beaten the informant by kick and foot and also tried to burn him but neither any injury report nor any medical examination report was produced by the informant till date. Further in the FIR, the petitioner has been assigned the role of beating the informant with lathi and danda and by kick and foot but there is no mention of use of arms at all. The informant is not the resident of the same village and there is no explanation about the presence of the petitioner at the place of occurrence and neither any person of that village lodged an FIR/complaint against the petitioner nor has given any statement before the police or the Magistrate. The village of the petitioner falls within the naxali affected area and on every day unsocial elements as well as members of the naxali organization try to attack and threaten the villagers and threatening letters of