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Janak Singh v. The State Of Bihar Through The District Magistrate Siwan and Ors.

Patna HC2 Jan 2014CR. WJC/52/2013

Case brief

AI extract

What is this about?

Petitioner, a licensee under Arms Act, sought a writ for release of seized firearm and renewal of his license. The State conceded the gun's location and requested petitioner to retain it, prompting the Court to direct license renewal and firearm release.

What did the court decide?

Petitioner directed to retain gun; State to inform SDM to renew license within four weeks; gun to be handed over to petitioner by police.

Janak Singh Vs The State Of Bihar Through The District… — Service and Employment | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.52 of 2013

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JANAK SINGH, SON OF LATE RAMDEO SINGH, RESIDENT OF VILLAGE-CHAINPUR MUBARAKPUR, POLICE STATION-SISWAN (CHAINPUR O.P.), DISTRICT-SIWAN. .... .... PETITIONER/S

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VERSUS

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1. THE STATE OF BIHAR THROUGH THE DISTRICT MAGISTRATE, SIWAN.

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2. THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA. 3. THE DEPUTY INSPECTOR OF POLICE, SARAN DIVISION, SARAN.

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4. THE DISTRICT MAGISTRATE, SIWAN.

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5. THE SUPERINTENDENT OF POLICE, SIWAN.

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6. THE OFFICER-IN-CHARGE, CHAINPUR O.P., SIWAN.

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7. THE ADDITIONAL DISTRICT JUDGE, V, SIWAN.

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.... .... RESPONDENT/S

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Appearance: For the petitioner/s : Mr. Binod Kumar Singh, Adv. For the State : Mr. Rewti Kant Raman, AC to GP-31

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====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER

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13. 02-01-2014 Heard learned counsel for the petitioner as well as

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learned AC to G.P.-31.

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Petitioner who happens to be a licensee under Arms Act and having his License No.49/1977, P.S.-Siswan bearing Gun No.A4340Y-74 became an accused in Sessions Trial No.344/1997 arising out of Siswan P.S. Case No.91/1996. His aforesaid gun was seized on an allegation of having been used during course of occurrence. Vide judgment dated 23-06-2004 petitioner Janak Singh along with other co-accused were acquitted by the learned Additional District & Sessions Judge-V, Siwan. On account thereof, petitioner made prayer for releasing of the gun

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Patna High Court CR. WJC No.52 of 2013 (13) dt.02-01-2014

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which could not effected favourably on account of apathy at the part of the prosecuting agency as a result of which instant criminal writ has been filed.

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The State now fairly concedes under second supplementary counter affidavit that aforesaid gun bearing no.A4340Y-74 has been traced out and so petitioner be advised to retain the same.

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At the present juncture, it has been submitted on behalf of petitioner that due to lapse of so many years as well as for want of gun, the license could not be renewed. Therefore, retaining of gun without valid renewal of license will be in contravention of law. The learned AC to GP-31 has been requested to inform the SDM, Siwan to renew license no.49/1977 having standing in name of petitioner after accepting the requisite fee. The aforesaid exercise should be completed within four weeks from the date of receipt / production of the order and then gun bearing no. A4340Y-74 should be handed over to the petitioner by the Siswan police on proper identification.

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With the aforesaid direction instant writ is disposed of. A copy of order be served upon AC to GP-31 for the needful.

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(Aditya Kumar Trivedi, J)

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PN/-

Janak Singh v. The State Of Bihar Through The District Magistrate Siwan and Ors.

Case brief

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Janak Singh v. The State Of Bihar Through The District Magistrate Siwan and Ors.

Case brief

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