Anil Kumar @ Chotan Pandey vs The State Of Bihar And Ors
2025 Latest Caselaw 1899 Patna

Patna High Court

Anil Kumar @ Chotan Pandey vs The State Of Bihar And Ors on 20 February, 2025

Author: Rajesh Kumar Verma

Bench: Rajesh Kumar Verma

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.4786 of 2015
     ======================================================
     Anil Kumar @ Chotan Pandey S/o Late Nawal Kishore Pandey R/o Village-
     Bhagwanpur, P.S- Sahebaganj, District- Muzaffarpur.

                                                                 ... ... Petitioner/s
                                        Versus
1.   The State Of Bihar
2.   The Commissioner, Tirhut Division, District -Muzaffarpur.
3.   The District Magistrate, Muzaffarpur.
4.   The Superintendent of Police , District- Muzaffarpur.
5.   The Incharge, Police Station - Sahebganj, District- Muzaffarpur.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr.Manish Kumar -3, Advocate
     For the Respondent/s   :      Mr.Harun Quareshi, A.C. to S.C.-01
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
     ORAL JUDGMENT
      Date : 20-02-2025
                 Heard learned counsel for the petitioner and learned

     counsel for the State.

                 2. Petitioner has questioned the validity/legality of the

     order dated 07.06.2007 passed by the respondent No.3 and order

     dated 22.12.2014 passed by the respondent No.2 whereby the

     authorities have refused to grant the arms licence to the petitioner.

                 3. Learned counsel for the petitioner submits that an

     arms licence bearing No.272/272 has been issued to the petitioner

     by the competent authority. On 01.07.2005, an FIR bearing

     Sahebganj P.S.Case No.105/2005 was registered under Sections

     326,307 of IPC and Section 27 of Arms Act against the petitioner.

     After institution of the aforesaid case, the authority has issued a
 Patna High Court CWJC No.4786 of 2015 dt.20-02-2025
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       show cause notice to the petitioner why your licence be not

       cancelled and petitioner has replied the same.

                     4. Vide order dated 07.06.2007 (Annexure-1) of the writ

       application, the respondent No.3 has dismissed the case of the

       petitioner on the sole ground that one FIR instituted against the

       petitioner.

                     5. Learned counsel for the petitioner has assailed the

       order of the District Magistrate before the court of learned

       Commissioner in Arms Appeal No.154 of 2007 which was

       dismissed vide order dated 22.12.2014 on the ground that one case

       is pending against the petitioner.

                     6. Learned counsel for the petitioner submits that the

       authority has passed the order in haste. In fact the petitioner has

       been acquitted in the aforesaid criminal case in S.Tr.No.601/2006

       order dated 01.09.2012 and the learned Commissioner has

       dismissed the Arms Appeal No.154 of 2007 on 22.12.2014 without

       considering the fact that the petitioner has been acquitted in the

       pending criminal case on 01.09.2012.

                     7. Having heard the learned counsel for the parties and

       perused the material available on the record, the order dated

       07.06.2007

passed by the respondent No.3 and order dated

22.12.2014 passed by the respondent No.2 are set aside and matter Patna High Court CWJC No.4786 of 2015 dt.20-02-2025

is remitted back to the respondent No.3 to pass a fresh order in

accordance with law after taking into consideration that the

petitioner has been acquitted in the S.Tr.No.601 of 2006 and pass a

speaking order within a period of three months from the date of

receipt/production of a copy of this order.

8. With the aforesaid direction, this writ application is

allowed.

(Rajesh Kumar Verma, J)

Nitesh/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          20.02.2025
Transmission Date       NA