IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1001 of 2007 Syed Naushadun Nabi @ Pappu Khan Versus STATE OF BIHAR & ORS ----------- 2 12.11.2008 In the instant writ petition the petitioner prays for quashing the notice no.101 dated 27.6.2007 in Arms Case No.4 of 2007 and notice no.107 dated 19.7.2007 in Arms Case No.8 of 2007, as contained in Annexures-4 and 7 respectively by which the licence of the petitioner has been suspended and show cause has been issued as to why the licence granted in his favour be not cancelled. It has been further directed that the petitioner should deposit his arms in Arms Shop. Learned counsel for the petitioner submits that in fact the petitioner has deposited his revolver on 6.11.2005 in the concerned P.S. and has also deposited his gun with the licensed gun house being M/s P.K.Gun House & Sons at Biharsharif on 10.8.2007. He further submits that the impugned order as contained in Annexures-4 and 7 suspending the arms licence and issuance of show cause for cancellation of the same is bad in law as it has been issued on the premise that two criminal cases are pending against the petitioner. He submits that in fact the petitioner has preferred quashing application in this court against the order taking cognizance vide Cr.Misc.No.13326 of 2006 and Cr.Misc.No.13162 of 2006 and the aforesaid applications have been admitted by order dated 16.10.2006 and 18.10.2006 respectively and further proceeding in respect of criminal cases in court below have been stayed. He by referring to section 17 of the Arms Act submits that if the conviction or criminal prosecution is set KHAN aside, the petitioner will be entitled for suspension or revocation of his arms licence. Mr.Arshad Alam, learned State counsel submits that the petitioner has alternative remedy by way of appeal under section 18 of the Arms Act and he should have filed an appeal instead of straight away rushing to this court. He further submits that if the petitioner files an appeal and prays for condonation of delay, the same would be considered sympathetically. With the aforesaid liberty to the petitioner to file an appeal before the appropriate authority in accordance with law, this writ petition stands disposed of. (S.P.Singh,J)