IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8718 of 2006 SUDAMA SINGH,SON OF LATE DHARMA NATH SINGH, RESIDENT OF VILLAGE CHHITAUNI, P.S. BANIYAPUR, DISTRICT SARAN--- PETITIONER Versus 1.THE STATE OF BIHAR 2.THE COMMISSIONER, SARAN DIVISION, CHAPRA 3. THE DISTRICT MAGISTRATE, SARAN AT CHAPRA 4. THE SUPERINTENDENT OF POLICE, SARAN, CHHAPRA 5. THE SUBDIVISIONAL OFFICER, MARHAURA, CHAPRA 6.THE SUB INSPECTOR OF POLICE, MASRAKH, CHAPRA--- RESPONDENTS ----------- 2 23.1.2009 Prayer of the petitioner in this application is to quash the order dated 19.8.2005 passed by the District Magistrate,Saran in Arms Case No. 5 of 2002, whereby the arms licence granted to the petitioner has been revoked. Further prayer made by the petitioner is to quash the order dated 16.2.2006 passed by the Commissioner in Appeal No. 89/2005-06, whereby the appeal preferred against the aforesaid order has been dismissed. Petitioner is a holder of arms licence and on that basis possessed a D.B.B.L. gun. His son was apprehended by the local police on the day of the election. Accordingly, a show cause notice was issued to the petitioner to which he replied and on its consideration the District Magistrate by the impugned order revoked his licence. Against the said order he preferred appeal which has 2 been dismissed by the Divisional Commissioner. Petitioner raised a plea that his son was going to a clinic on an odd hour and therefore in order to protect himself carried the gun. This did not find favour either with the District Magistrate or the Divisional Commissioner and it has been observed that petitioner’s son was carrying the gun despite the prohibitory order on the day of election. The ground assigned to revoke the licence cannot be said to be illegal. It is stated that in the criminal case final form has been submitted against his son. This in my opinion, itself will not absolve the petitioner from the rigour of law. I do not find any merit in the application. Application stands dismissed in limine. (Chandramauli Kr.Prasad,ACJ.) A.Kumar