Court No. - 25
Case :- WRIT - C No. - 13 of 2014 Petitioner :- Ajay Singh Respondent :- State Of U.P. & 3 Others Counsel for Petitioner :- C.P. Misra,Ram Swaroop Umrao Counsel for Respondent :- C.S.C.
Hon'ble Siddhartha Varma,J.
Owing to the pendency of two criminal cases namely Case Crime No. 123 of 2010 under Sections 147, 148, 149, 302, 307 and 404 I.P.C. and Case Crime No. 248 of 2010 under Sections 2/3 of the Gangster Act the petitioner was put to notice as to why his Arms Licence be not cancelled. The petitioner's reply was not found appropriate and, therefore, the District Magistrate, Kaushambi on 9.3.2012 cancelled the licence of the petitioner to carry the fire arm. The fact regarding the acquittal was also brought to the notice of the Appellate Court which gave its judgment on 27.5.2013 but the Appellate Court did not consider the same as a ground sufficient for restoring the licence.
In reply, the learned Standing Counsel submitted that as the petitioner was involved in a criminal case it mattered little that he was acquitted subsequently. The very fact that he was involved in a criminal case was ground sufficient to cancel the petitioner's Fire Arm Licence.
Having heard the learned counsel for the parties, I am of the view that the mere pendency of a criminal case cannot be a ground for the cancellation of a Fire Arm Licence. There had to be a definite finding in the orders impugned that the possession of the Fire Arm by the petitioner was dangerous to public peace and public safety.
The petitioner has submitted that he has also been acquitted in the criminal cases which were registered as Case Crime No. 123 of 2010 under Sections 147, 148, 149, 302, 307 and 404 I.P.C. and Case Crime No. 248 of 2010 under Sections 2/3 of the Gangsters Act. No appeal was filed against the orders of acquittal.
Under such circumstances the order dated 9.5.2012 passed by the District Magistrate, Kaushambi and the order dated 21.9.2013 passed by the Commissioner, Allahabad Division, Allahabad are quashed.
The writ petition is allowed.
Allowing of the writ petition does not mean that the firearm licence would automatically be restored. The petitioner may apply for a licence for the carrying of firearm afresh under the Arms Rules, 2016 along with a certified copy of this order. The licencing authority may issue a firearm licence within 30 days thereafter if the petitioner is found entitled for one.
Order Date :- 26.2.2018 Ashish Pd.