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Hari Shankar Mishra vs State Of U.P. Thru Prin.Secy.Home ...

High Court Of Judicature at Allahabad|30 August, 2019

JUDGMENT / ORDER

Heard learned counsels for the parties.
By the present writ petition, the petitioner has challenged order dated 29-08-2008 passed by the District Magistrate, Pratapgarh, by which arms license of the petitioner has been withdrawn as well as the order dated 10-06-2016 passed by the Commissioner, Allahabad Division, Allahabad, whereby the appeal filed by the petitioner against the order dated 29-08-2008 has been rejected.
The ground for withdrawing/cancelling the arms license of the petitioner given in the impugned order is that the petitioner did not disclose his criminal history while applying for grant of arms license. There were three cases of serious nature including a case under section 307 I.P.C. pending against the petitioner.
Learned counsel for the petitioner submits that after grant of arms license, the petitioner had never misused the same. He further submits that in all the three cases, the petitioner has been acquitted.
Looking into the facts and circumstances of the case, I find it appropriate that the petitioner may apply for grant of a fresh arms license under Rules, 2016.
In case, such an application is made by the petitioner, the licensing authority i.e. respondent no. 3, shall consider the same and pass appropriate orders thereon for grant of a fresh arms license, in accordance with law, within a period of six months from the date of submission of such application.
It is made clear that the respondent no. 3 shall also take into consideration that the petitioner has not been held guilty in all the three cases.
With the aforesaid, present writ petition is disposed of.
Order Date :- 30.8.2019 AKS (Vivek Chaudhary,J.)
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Title

Hari Shankar Mishra vs State Of U.P. Thru Prin.Secy.Home ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
30 August, 2019
Judges
  • Vivek Chaudhary