Court No. - 36
Case :- WRIT - C No. - 23012 of 2018
Petitioner :- Avdhesh Shukla @ Munnan
Respondent :- State Of U. P. And 3 Others
Counsel for Petitioner :- Ram Krishna Dubey,Adya Prasad Tewari
Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned Standing Counsel for State- respondents.
Pursuant to order of this Court dated 27.9.2019, learned Standing Counsel has produced instruction dated 7.10.2021, which is taken on record.
Learned counsel for the petitioner submitted that after giving show cause notice, firearm license of the petitioner was suspended by respondent no. 3 vide order dated 19.6.2017. Against which, petitioner has preferred appeal before respondent no. 2 under Section 18 of Arms Act, 1959, which was also rejected vide order dated 8.6.2018. Apart from many other grounds, he has taken specific plea that his firearm license was suspended only due to pendency of solitary criminal case, which cannot be a ground to suspend his firearm license in light of judgements of this Court in the matter of Ashok Rao Vs. State of U.P. and others; 2009 (8) ADJ 244, Satyendra Bahadure Singh @ Guddu Vs. State of U.P. and others, reported as 2016 0 Supreme (All) 358, Hiramani Singh Vs. State of U.P. and another reported as 2010 LawSuit (All) 3030 decided on 15.12.2020, Rajendra Singh Vs. Commissioner, Lucknow Division, Lucknow and others reported as 2011 LawSuit (All) 2876 decided on 10.03.2011 and Mulayam Singh Vs. State of U.P. and others reported as 2012 LawSuit (All) 1651 decided on 14.05.2012. He next submitted that allegation against the petitioner is that he assaulted the opposite party by using butt of SBBL gun, but opposite party has never came forward for medical examination as there is no allegation of injury by firing. He next submitted that his firearm license was suspended on 19.6.2017 and this Court vide order dated 27.9.2021 directed the learned Standing Counsel to seek instruction as to whether final decision has been taken after suspension of firearm license of the petitioner on 19.06.2017 or not. As per instruction dated 07.10.2021, matter is still pending and no decision has been taken. This fact is undisputed that except pendency of one criminal case, no criminal proceeding has ever been initiated against the petitioner. Therefore, the impugned orders dated 19.06.2017 and 08.06.2018 passed by respondent nos. 3 and 2 respectively are bad and liable to the set aside.
Learned Standing Counsel vehemently opposed, but could not dispute the fact that firearm license has been suspended only on the ground of pendency of solitary criminal case and further, in light of instruction dated 07.10.2021, final decision has not yet been taken upon that. He also could not dispute the legal submissions made by learned counsel for the petitioner that only on the ground of pendency of solitary criminal case, firearm license cannot be cancelled.
I have considered the rival submissions made by learned counsel for the parties and perused the record. The facts of the case are undisputed that firearm license has been suspended only on the ground of pendency of solitary criminal case and till date, final decision has not been taken. In light of judgements referred above, law is very much settled that mere pendency of solitary criminal case, firearm license cannot be suspended or cancelled. Therefore, the impugned orders dated 19.06.2017 and 08.06.2018 passed by respondent nos. 3 and 2 respectively are bad and hereby quashed. Respondent no. 2 is directed to restore License No. 7546 in favour of petitioner within a period of six weeks from the date of production of computer generated copy of this order after verifying the same from official website of Allahabad High Court. In case term of arms license has been expired, he shall also renew the same in accordance with law within the same period.
Accordingly, writ petition is allowed.
No order as to costs.
Order Date :- 25.10.2021 Arvind