Court No. - 10
Case :- WRIT - C No. - 26232 of 2018 Petitioner :- Amit Pathak Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Ran Vijay Singh Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State-respondents and perused the record.
Present petition has been filed for quashing the impugned orders dated 19.4.2018 as well as order dated 28.11.2017 passed by respondent no.2 & 3 respectively in respect of cancellation of Arms License of the petitioner, bearing weapon (Pistol No. M/4346), bearding License No. 5736.
Counter and rejoinder have been exchanged with the consent of the parties.
The arm license of the petitioner was cancelled under the provisions of Section 17 (3) of the Arms Act by the District Magistrate vide order dated 28.11.2017. The arm license was cancelled on the ground that a criminal case being Case Crime No. 235 of 2010 was pending against the petitioner. The petitioner filed an appeal before the Commissioner, which was also dismissed.
The petitioner has filed a photocopy of the judgment dated 30.8.2018 passed Sessions and Trial No. 135 of 2011 (State of U.P. vs Sanjay Singh and others) being Case Crime No. 235 of 2010 under Section 395 IPC, P.S. Chetganj, Varanasi along with the rejoinder affidavit, acquitting the petitioner.
Submission of learned counsel for the petitioner is that in such view of the matter the impugned orders are liable to be quashed and arm license is to be restored.
Learned Standing Counsel though sought to support the impugned order, however, he could not dispute the legal position that under such circumstances, the arm license is to be restored.
In the result the orders of Commissioner and District Magistrate dated 19.4.2018 and 28.11.2017 are quashed. The District Magistrate is directed to restore the arms license as well as arms of the petitioner to the petitioner within a period of two months from the date of production of a certified copy of this order before him.
Present petition stands allowed accordingly. No order as to costs.
Order Date :- 27.11.2019 Aditya