IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.222 of 2009 BRAJ NANDAN SINGH son of late Gorelal Singh, Resident of village Kaithma, Police Station, Sheikhpura, District Sheikhpura Versus 1. THE STATE OF BIHAR 2. Divisional Commissioner, Munger 3. District Magistrate, Sheikhpura ----------- 3 20-03-2009 Heard learned counsel for the appellant and learned counsel for the State. Appellant’s appeal under the Arms Act before the Divisional Commissioner, Munger bearing case no.12/2002-2003/ 13/2003-2004 was dismissed in default for non appearance of the counsel. The writ court dismissed the writ petition and has noted gross act of default on the part of petitioner’s counsel in not appearing before the Divisional Commissioner on various dates. Learned counsel for the appellant has submitted that appellant’s arms licence has been cancelled by the District Magistrate, Sheikhpura on the basis of his involvement in a criminal case which is still pending and, therefore, appellant was not in a position to disclose his full defence and take a chance of rejection of the same by the authorities under the Arms Act. He has further placed reliance upon a Division Bench judgement of this court in the case of Mahesh Sharma vs the State of Bihar & Ors, 2008 (3) PLJR, 186 to submit that proper course for the District Magistrate, in the facts of this case, was to suspend appellant’s arms licence till the outcome of the criminal case because at the stage of trial the allegations can only be treated to be true prima facie and not finally. - 2 - Having considered the entire facts and circumstances and interest of justice, We remit the matter back to the Divisional Commissioner, Munger and We expect the counsel for the appellant to be present on the dates fixed by the Commissioner otherwise the latter may pass appropriate orders in accordance with law. So far as the judgement cited above is concerned, it is expected to be kept in mind by the learned Commissioner while considering the matter on merits. The writ petition and this appeal are allowed to the aforesaid extent. BKS/ (Shiva Kirti Singh,J.) (Sheema Ali Khan, J.)