IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5535 of 2010 1. Mahesh Yadav S/O Bisho Yadav R/O Vill Lakhochak, P.S.Chanan, Distt-Lakhisarai Versus 1. The State Of Bihar Through The Secretary-Cum-Commissioner Old Secretariat, Bihar, Patna 2. The District Magistrate Lakhisarai, Distt- Lakhisarai 3. The Superintendent Of Police Lakhisarai, Distt- Lakhisarai 4. The Deputy Superintendent Of Police Lakhisarai, Distt- Lakhisarai 5. The Superintendent Of Police Jamui, Distt- Jamui 6. The Deputy Superintendent Of Police Jamui, Distt- Jamui 7. The Officer-In-Charge Chanan, P.S. Chanan, Distt- Lakhisarai ----------- 2 15.07.2011 Heard Mr. Indu Bhushan Prasad, learned counsel appearing on behalf of the petitioner. There is no representation on behalf of the State. The petitioner has challenged the order dated 4.5.2004 as contained in Annexure-5 of this writ petition whereby the District Magistrate, Lakhisarai has suspended the arms licence of the petitioner being Licence No. 35 of 2001 in respect of his rifle inter alia on the grounds of institution of a criminal case. Facts are undisputed. The petitioner was granted licence in relation to his rifle by the District Magistrate, Lakhisarai being Licence Case No. 35 of 2001 placed at Annexure-1. The petitioner was involved in a criminal case arising from Chakai P.S. Case No. 27 of 2003 and whereafter the licence of the petitioner was suspended by the District Magistrate, Lakhisarai vide order dated 04.05.2004 placed at Annexure-5 to the writ petition. The petitioner in the meanwhile had filed a criminal revision for release of his rifle giving rise to Criminal Revision No. 507 of 2003 and the learned Ist Additional Sessions Judge, Jamui vide order passed on 09.10.2004 issued directions for 2 release of his weapon. The petitioner had also approached this Court through C.W.J.C. No. 13452 of 2008 and a Bench of this Court vide order passed on 04.02.2009 allowed the petitioner to withdraw the writ petition with a liberty to prefer appeal. The appeal filed on behalf of the petitioner gave rise to Arms Appeal No. 13 of 2009 and the Divisional Commissioner, Munger vide order passed on 29.04.2009 (Annexure-10) directed the District Magistrate, Jammui to pass final orders after hearing the petitioner. The criminal case instituted against the petitioner arising from Chakai P.S. Case No. 27 of 2003 came up for trial and vide judgment and order dated 19.12.2009, the learned Additional District and Sessions Judge, F.T.C.4 Jehanabad acquitted the accused persons of all charges and discharged them of their bail bonds. It appears that the District Magistrate ignorant of this development in which the criminal case which was the basis for suspension of licence of the petitioner has resulted in his acquittal, has issued another show cause notice dated 01.2.2011 placed at Annexure- 13 of the supplementary affidavit requiring the petitioner to show cause as to why his arms licence be not cancelled. Considering the circumstances that the criminal case instituted against the petitioner which formed the basis of the suspension of his arms licence has resulted in his acquittal and the petitioner has been absolved of all the charges I dispose of the writ petition with a liberty to the petitioner to respond to the show cause dated 01.02.2011 as contained in Annexure-13 within a period of one month from today and whereupon the respondent District Magistrate, 3 Lakhisarai shall consider and dispose of the representation in the backdrop of the events as noted hereinabove, within a period of four weeks of receipt of show cause reply filed by the petitioner in response to the notice dated 01.02.2011. Bibhash (Jyoti Saran, J.)