Case Facts:
Patna High Court CWJC No.3614 of 2011 (2) dt.31-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3614 of 2011 ====================================================== Sri Ram Chauhan .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Kumar Sunil For the Respondent/s : Mr. Tej Bahadur Singh Aag7 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILESH KUMAR SINHA ORAL ORDER 2 31-08-2012 Heard learned counsel for the petitioner. The grievances of the petitioner is that despite filing the show cause pursuant to the notices dated 10.10.2005 vide Memo No. 795 as contained in Annexure – 1 and dated 23.02.2008 vide Memo No. 327 as contained in Annexure- 2 with respect to the cancellation of the arms license of the petitioner, no final order has been passed by the Licensing Authority i.e. the District Magistrate, Kaimur at Bhabhua. Learned counsel for the petitioner submits that in the aforesaid show cause notices, there was mention about the pendency of criminal case bearing Chand P.S. Case No. 58 of 2004 for the offence under [STATUTE] and Section 27 of the Arms Act against the petitioner. It is further submitted that the above case has been decided in favour of the Patna High Court CWJC No.3614 of 2011 (2) dt.31-08-2012 petitioner. It is further submitted that no criminal case is pending against the petitioner as of now. Learned counsel for the State, on the other hand, submits that notices are of the year 2005 and 2008 and as such, in case, no final order has been passed as yet, the same would be passed. In view of the above submissions on behalf of the State, learned counsel for the petitioner submits that petitioner proposes to file an additional show cause stating to the effect that no criminal case is pending against the petitioner. In case, such additional show cause is filed within a period of four weeks and no final order has been passed as yet by the licensing authority, the same be disposed of expeditiously, preferably within a period of three months on receipt/production of filing of the additional show cause alongwith certified copy of the present order. The writ application stands disposed of. Jagdish/- (Shailesh Kumar Sinha, J)

Applicable IPC Section: 353

Statute Text:
Section 353 of the Indian Penal Code. Assault or use of criminal force to deter a public servant from discharge of his duty. Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person to the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.