Allowed

Israr Khan v. The State Of Bihar and Ors.

Patna HC5 Feb 2024CWJC/2467/2018

Case brief

AI extract

What is this about?

Arms licence was cancelled by the District Magistrate on the ground that the petitioner faced criminal charges, upheld in appeal. The petitioner later stood acquitted. The High Court quashed both orders, restored the arms licence and remitted the matter for fresh consideration.

What did the court decide?

Orders dated 30.07.2015 and 19.09.2017 quashed; matter remitted to DM Kaimur; arms licence restored.

Israr Khan Vs The State Of Bihar and Ors. — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2467 of 2018

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Israr Khan Son of Late Md. Yunus Khan, resident of Village- Noughara, P.S.Chainpur, District- Bhabhua.

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... ... Petitioner/s

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Versus

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The State Of Bihar

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The Divisional Commissioner, Patna Division, Patna.

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The District Magistrate, Bhabhua.

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The Superintendent of Police, P.S.- Chainpur, District- Bhabhua.

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The Officer-in-charge of Chainpur Police Station, District- Bhabhua.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Pranav Kumar Jha, Advocate For the Respondent/s : Mr.Manish Kumar, GP-4 ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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4 05-02-2024 Heard the parties.

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The application of the petitioner for grant of arms license has been rejected by the District Magistrate, Kaimur in Arms License Cancellation Case No. 8/2015-16 by order dated 30.07.2015 and the same has been affirmed by the Divisional Commissioner, Patna in Arms Appeal No. 17/2016 by order dated 19.09.2017.

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It has been submitted by learned counsel for the petitioner that both the aforesaid orders have been passed considering the fact that the petitioner was an accused in a criminal case.

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Learned counsel for the petitioner further relies on

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Patna High Court CWJC No.2467 of 2018(4) dt.05-02-2024 2/2

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Annexure-8, which is the order of the ACJM, Kaimur passed on 26.04.2017 and submits that the petitioner has already been acquitted.

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In view of the aforesaid, this application is allowed.

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Accordingly, the order dated 30.07.2015 passed by the District Magistrate, Kaimur and the appellate order dated 19.09.2017 passed by the Divisional Commissioner, Patna are hereby quashed and the matter is remitted back to the District Magistrate, Kaimur for fresh consideration.

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The Arms License granted in favour of the petitioner is hereby restored.

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(Sandeep Kumar, J)

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P. Kumar

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Israr Khan v. The State Of Bihar and Ors.

Case brief

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Israr Khan v. The State Of Bihar and Ors.

Case brief

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