Case Facts:
Patna High Court CWJC No.14164 of 2010 (2) dt.20-06-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14164 of 2010 ====================================================== 1. Jokhu Pandey S/O Late Shobh Nath Pandey R/O Vill.- Gosaisipur, P.S.- Durgawati, Distt.- Kaimur (Bhabhua) .... .... Petitioner/s Versus 1. The State Of Bihar 2. Collector-Cum-District Magistrate, Kaimur (Bhabua) 3. District Arms Magistrate, Bhabua, Distt.- Kaimur (Bhabua) 4. Superintendent Of Police, Kaimur (Bhabua) 5. Sub-Divisional Magistrate, Mohania, Distt.- Kaimur (Bhabua) .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Kumar Sunil For the Respondent/s : Mr. (Sc16) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 2 20-06-2012 The petitioner seeks quashing of the order dated 20.5.2004 passed by the District Magistrate, Kaimur in Arms Case No.1/1990-91 by which his prayer for restoration of arms licence was refused. The petitioner’s arms licence was cancelled on 8.11.1993 in view of the criminal case instituted against him and his son being Durgawati P.S. Case No.51 of 1988 under [STATUTE] and section 27 of the Arms Act. Being aggrieved, the petitioner filed an appeal bearing Arms Appeal No.109/1994 before the Commissioner on the ground that there was a case and counter case and it is the prosecution side who was aggressor. The submission of the petitioner did not find favour in the Appellate Court and the learned Commissioner by Patna High Court CWJC No.14164 of 2010 (2) dt.20-06-2012 2 order dated 22.3.1995 dismissed the appeal. Thereafter, the petitioner filed a writ application before this court bearing C.W.J.C. No.935 of 1996 against the order of the Commissioner affirming the order cancelling his licence passed by the Collector, Kaimur. The writ application too was dismissed on the ground that there was a criminal case against the petitioner. The petitioner submits that in fact he was acquitted of the criminal charges by judgment dated 30.11.1996 passed in Sessions Trial No.466/57 of 1989/93 which unfortunately could not be brought to the notice of this court at the time of hearing of the writ application. As the petitioner has moved this court belatedly, I am not inclined to restore his arms licence on the ground of his acquittal in the criminal case. However, liberty is granted to the petitioner to file a fresh application for grant of arms licence, which would be disposed of in accordance with law without being prejudice by the fact that earlier this court refused to restore his arms licence. However, the cancellation of arms licence on the ground of institution of criminal case would not come in the way of the petitioner if he files a fresh application for grant of arms licence as he has been acquitted in the Patna High Court CWJC No.14164 of 2010 (2) dt.20-06-2012 3 criminal case. With the aforesaid observations and directions, this writ application stands disposed of. KHAN/- (Samarendra Pratap Singh, J)

Applicable IPC Section: 307

Statute Text:
Section 307 of the Indian Penal Code. Attempt to murder. Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned. Attempts by Life Convicts: When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death.