Petitioner challenged a show cause notice regarding discrepancies in his firearm licence records. The court allowed the inquiry to continue, directing the licensing authority to complete the process within two months and pass a reasoned order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 36
Case :- WRIT - C No. - 23223 of 2018 Petitioner :- Aslam Khan Respondent :- State Of U P And Another Counsel for Petitioner :- Ved Prakash Pandey Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
The instruction supplied by learned Standing Counsel is taken on record.
A perusal thereof indicates that taking cognizance of the discrepancies in the entry of the register maintained in the office of the licensing authority for grant of firearm licence, pending enquiry, a show cause notice dated 10.11.2017 has been served upon the petitioner whereby he has been called upon to submit his explanation and produce documents pertaining to the grant of firearm licence.
Pursuant thereto, a reply dated 06.12.2017 has been submitted by the petitioner.
The present petition has been filed with the prayer to quash the said notice dated 10.11.2017 with the assertion that earlier enquiry initiated against the petitioner vide notice dated 16.01.2014 has been quashed by this Court.
Learned Standing Counsel submits that quashing of the previous notice dated 16.01.2014 for suspension of firearm licence during the pendency of the enquiry would not come in the way of the licensing authority to conduct an enquiry into the discrepancies found in its record.
In view of the categorical assertion of the District Magistrate, Shahjahanpur in the written instruction supplied today, that some discrepancies are found in the records and some suspicious entries were found in the register of arm licence maintained in the office of the District Magistrate, Shahjahanpur, this Court does not find any good ground to quash the notice calling upon the petitioner, pending enquiry.
In view of the above, the prayer made in the present petition cannot be granted. However, in order to bring the controversy to its logical end, the writ petition is disposed of with the direction to the District Magistrate, Shahjahanpur to conclude the enquiry initiated by him as early as possible by passing a reasoned and speaking order considering the explanation offered by the petitioner, preferably within a period of two months from the date of submission of certified copy of this order.
Order Date :- 9.8.2018 Himanshu
1 issue framed by the court
Whether the show cause notice may be quashed given the earlier quashing of the suspension notice during the ongoing inquiry into discrepancies in the firearm licence record.
Aslam Khan
State of U P
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
