Learned Standing Counsel has accepted notice on behalf of respondents. He prays for and is granted eight weeks' time to file counter affidavit. Rejoinder affidavit may be fled within next four weeks.
List thereafter.
Supplementary affidavit filed today is being taken on record.
It has been contended on behalf of the petitioner that on account of petitioner's complicity in case crime No.174 of 2006 under Section 323, 324, 504 and 506 I.P.C., proceedings under Section 17 of the Indian Arms Act had been initiated by issuing show cause notice. Petitioiner submits that he submitted his reply and then said proceedings were dropped by the licensing authority by order dated 06.06.2007. Petitioenr further submits that thereafter placing reliance on said criminal case as well as on case crine No.5 of 2006 under Section under Sections 307 and 323 I.P.C. and case crime No.433 of 2009 under Sectioin 110 Cr.P.C., wherein the Magistrate has returned the proceedings, as the same was not in accordance with law, order has been passed for suspending the firearm licence of the petitioner and proceedings for cancellation have been undertaken.
Petitioner's contention is that once on sufficient cause being furnished, proceedings were dropped and as far as proceedings under Section 110 Cr.P.C. is concerned, same had been returned by the Magistrate, then there is no occasion to re-initiate the proceedings for cancellation of firearm licence of the petitioner.
Prima facie, the argument advanced appears to have some substance and requires consideration and adjudication by this Court, as such till the next date of listing operation of impugned order dated 18.12.2009 shall be kept in abyance.
Order Date :- 18.1.2010 SRY