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2024 Supreme(All) 523

ALOK MATHUR
Shravan Kumar – Appellant
Versus
Commissioner Division Lucknow – Respondent


Advocates Appeared:
For the Petitioners: Amit Kumar Pathak, Ganesh Kumar Gupta.

JUDGMENT :

ALOK MATHUR, J.

1. Heard Shri Manoj Kumar Yadav, Advocate holding brief of Shri Ganesh Kumar Gupta, learned counsel for petitioner, learned Standing Counsel for the State and perused the material available on record.

2. By means of the present writ petition, the petitioner has challenged the order dated 20.09.2012 passed by the District Magistrate, Lakhimpur Kheri whereby in exercise of powers under Section 17 of the Arms Act, 1959, he has cancelled the arm licence of the petitioner as well as order dated 03.11.2015 wherein the appeal filed against the order of the cancellation has been rejected by the Commissioner, Lucknow Division, Lucknow.

3. It has been submitted by learned counsel for the petitioner that he was issued an Arm Licece No. 659/95 DBBL Gun No. 7402115. Subsequently, an FIR was lodged against the petitioner and his cousin namely, Sheo Pujan in Case Crime No. 842 of 2010, under Section 3/25/30 of the Arms Act at Police Station Phool Behad, District Kheri where it was alleged that the licensed gun of the petitioner was recovered from Sheo Pujan. Merely on account of recovery of the gun, notice was issued to the petitioner as to why his licence be not cancelled.

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