Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10835 of 2010 ====================================================== Shivnath Kumar Nirala S/O Sri Sukar Paswan R/O Vill.- Nasirchak, P.S.- Mohanpur, Distt.- Gaya, At Present Residing Of Mohalla- Mustafabad, P.S.- Rampur, Distt.- Gaya .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Divisional Commissioner, Magadh Division, Gaya 3. The District Magistrate, Gaya 4. The Block Developmental Officer, Mohanpur (Barachatti), Gaya 5. The Officer-In-Charge, Barachatti, (Mohanpur) Police Station, Gaya .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Manish Kumar 3 Mr. Bhaskar Shankar Mr. Rakesh Singh For the Respondent/s : Mr. (Sc8) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 3 11-05-2012 In the instant writ application, the petitioner prays for setting aside the order dated 04.03.2010 passed by learned Commissioner, Magadh Division, Gaya in Arms Appeal No.44 of 2009, whereby he affirmed the order dated 30.09.2009 of the District Magistrate, Gaya cancelling the D.B.B.L. gun arm license bearing no.68 of 1997 of the petitioner. The arms license of the petitioner has been cancelled on two grounds: Firstly, the petitioner has gone to Aganbari Centre under Gram Panchayat, Kewala and secondly, the petitioner is accused in four criminal cases. The petitioner has Patna High Court CWJC No.10835 of 2010 (3) dt.11-05-2012 2 / 4 2 assailed the impugned orders cancelling his arms license on the following ground: Firstly, the arms license has been cancelled without providing an opportunity of hearing under Section 17 of the Arms Act. Secondly, the District Magistrate in his report contained in annexure-3 has clearly found that the petitioner had not gone to Anganbari Centre on 03.07.2009, the date he is reported to have gone there with arms/gun. The Collector found that the arms was already deposited with the dealer of licensee gun. The petitioner next submits that out of four cases, he has been acquitted in three cases and only one case bearing Barachati Mohanpur P.S. case no.190 of 2009 dated 07.07.2009 under [STATUTE] . is pending. Learned counsel further submits that he is in the hit list of the extremist group and seven of his family members have already been killed. The petitioner has annexed copy of letters of Director General of Police, Bihar addressed to Deputy Inspector General, Magadh Range, Gaya as well as to the Superintendent of Police, Gaya to provide necessary security to the petitioner, who is General Secretary of Dalit Cell, Janta Dal (U), Bihar. Learned counsel for the State submits that still petitioner is accused in one case, which is still pending. Patna High Court CWJC No.10835 of 2010 (3) dt.11-05-2012 3 / 4 3 I have heard the counsel for the parties. The arms license of the petitioner has been cancelled without providing a show-cause notice as required under section 17 of the Arms Act. The Division Bench of this Court in case of Kundal Singh @ Giriraj Singh Vs. The State of Bihar & Ors., reported in 1984 BBCJ 811, has held that order cancelling the arms license without providing statutory notice is bad in law, as it deprives the petitioner to meet the allegations on the basis of which the authority may prohibit to cancel the license. The allegation that the petitioner had gone to Anganbari Centre with his licensee gun on 03.07.2009 stands negated in view of findings by the District Magistrate, Gaya. Further more, the petitioner has been acquitted in three of the four cases and only one case under [STATUTE] . and other minor sections of the I.P.C. is pending. Mere pending of any criminal case cannot by itself be a ground for cancellation of license in a mechanical manner. Furthermore, no case under Arms Act is pending. Besides this the Director General of Police, Bihar in his letter addressed to Deputy Inspector General of Police, Magadh Range, Gaya as well as the Superintendent of Police, Gaya has stated that the petitioner is in the hit list of extremist group and necessary security would be provided. Patna High Court CWJC No.10835 of 2010 (3) dt.11-05-2012 4 / 4 4 Taking totality of the circumstances in account, I find that the order cancelling the arms license by the District Magistrate, Gaya and it’s affirmation by the learned Commissioner, Magadh Range, Gaya are not sustainable in law and are accordingly set aside. In the result, this application is allowed. Uday/- (Samarendra Pratap Singh, J)

Applicable IPC Section: 323

Statute Text:
Section 323 of the Indian Penal Code. Voluntarily causing hurt. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.