Court No. - 19
Case :- WRIT - C No. - 15280 of 2018 Petitioner :- Kripa Shanker Rai Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Rai,Durgesh Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
1. Firearm licence of petitioner was cancelled by order dated 16.09.2015 on the ground that a criminal case being Case Crime No. 539A of 2011, under Sections 452, 308, 323, 504, 506 IPC was registered against petitioner wherein after investigation charge sheet has been filed under Sections 308, 323, 504, 506 IPC and presently trail is pending. Appeal against aforesaid order was also dismissed vide order dated 07.03.2018.
2. Learned counsel for petitioner submits that this Court in various judgments has held that a firearm licence cannot be cancelled merely on the ground of pendency of criminal case and he relied on a judgment passed by this Court in Mulayam Singh vs. State of U.P. and others, 2013(2) ALJ 401 and other cases.
3. The above submissions are opposed by learned Standing Counsel and he submits that in the FIR there are allegation that petitioner has assaulted by butt of his licensed weapon, therefore, it is a case of misuse of firearm and there was substantial material before authorities for subjective satisfaction that it was deem necessary for security of public peace and public order to cancel the firearm licence of petitioner.
4. In Mulayam Singh (supra) the other judgments of this Court were also considered that whether arm licence can be cancelled due to pendency of a solitary criminal case. The Court held that there must be a necessary connection of the criminal case with the security of the public peace, public order and safety and that possession of firearm, by the petitioner would be detrimental for the public peace and tranquility and in absence of such material a firearm licence cannot be cancelled on the ground of pendency of a criminal case.
5. I have gone through the First Information Report lodged in aforesaid criminal case wherein there was specific allegation that petitioner was carrying his licensee revolver alongwith other persons, entered into the house of complainant and fired by the said weapon and thereafter he assaulted the complainant by the butt of his revolver which caused grievous injuries to the injured persons. In the present case there is direct allegation of misuse of firearm and it was used in a criminal offence. Therefore, the subjective satisfaction of Licensing Authority that there is likelihood that petitioner may again misuse of his licensed firearm is based on material available and said subjective satisfaction cannot be interfered in the present case as also referred in Mulayam Singh (supra) that if there is a misuse of firearm and it is detrimental to keep the licensed firearm with petitioner, it can be cancelled. Therefore, on fact as well as on law, there is no illegality in the orders impugned in this writ petition.
6. The writ petition lacks merit. Dismissed accordingly.
7. Interim order, if any, stands vacated.
Order Date :- 17.12.2021 AK