Court No. - 48
Case :- WRIT - C No. - 14767 of 2019 Petitioner :- Dr. Shahid Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravindra Nath Yadav,Akhilesh Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Siddharth,J.
Heard learned counsel for the petitioner and learned counsel for the respondents.
Petitioner is aggrieved by order dated 25.02.2019 passed by the Commissioner Azamgarh Region, Azamgarh, whereby his appeal has been admitted for hearing against the order dated 14.01.2019 passed by the District Magistrate cancelling his arm licence but his stay application has been rejected.
Learned counsel for the petitioner has submitted that as he has been falsely implicated in a cross case when he himself was attacked by other side and only to protect himself the other side lodged the cross case being Case No.807A of 2010, under Sections 147, 148, 149, 307, 323, 504, 506 and 7 Law Amendment Act, Police Station Saraimeer, District Azamgarh. In other case crime No.227 of 2017 applicant has been implicated on account of dispute between children, it was only an NCR. The order dated 25.02.2017 is not in accordance with law since once appeal of the petitioner has been entertained and he is having arm licence and arm in his possession, the order cancelling the licence passed by the Licencing Authority should have been stayed.
Learned Standing Counsel has supported the impugned order on the ground that it is not in the interest of public peace and order to permit possession of the arms by the petitioner.
After hearing the rival submission this court is of the view that since the petitioner himself was attacked first by his rivals and later the first information report was lodged by the other side as cross case, the petitioner cannot be said to be the aggressor who misused his arms.
His appeal has been entertained by the Commissioner and is required to be decided . If in the meantime the petitioner is permitted to have possession of his arms no prejudice would be caused to anyone.
In view of the above, the order dated 25.02.2019 passed by the Commissioner Azamgarh Region, Azamgarh in appeal no.190/A under Section 18 of Arms Act, is hereby quashed.
Writ petition is disposed of directing the Commissioner, Azamgarh Regional, Azamgarh to decide the aforesaid appeal of the petitioner within a period of three months from the date of production of a certified copy of this order. During the pendency of appeal the petitioner shall retain his arm and arms licence.
Order Date :- 29.4.2019 SS