Court No. - 19
Case :- WRIT - C No. - 22731 of 2014 Petitioner :- Rajeev Tripathi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudhir Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
1. Firearm licence of petitioner was suspended on 04.01.2008 and later on it was cancelled by order dated 27.03.2008 and appeal thereagainst was also rejected on 17.01.2014 on the ground of pendency of two criminal cases being Case Crime No. 1460 of 2006, under Section 294 IPC and Case Crime No. 1363 of 2007, under Sections 306, 201 IPC.
2. Learned counsel for petitioner submits that in both the cases petitioner has been acquitted on the ground that prosecution was failed to prove the case against petitioner beyond reasonable doubt vide judgment and order dated 22.06.2009 and 27.08.2012. He, however, fairly submitted that now the firearm licence has to be granted under the provisions of Arms Act, 1959 and Arms Rules, 2016, therefore, this writ petition may be disposed of with liberty to petitioner to approach the Licensing Authority for fresh licence and further submitted that Licensing Authority may be directed that while deciding the application for grant of firearm licence the fact that petitioner has been acquitted in aforesaid criminal cases, be considered.
3. Learned Standing Counsel appearing for State-Respondents has no objection to the aforesaid prayer. He, however, submits that considering the fresh application the authorities may be directed to take note of the judgment passed by this Court in Indrajeet vs. State of U.P. and others, 2021(10) ADJ 471.
4. In view thereof, the writ petition is disposed of finally with liberty to petitioner to file fresh application for grant of firearm licence as provided under Arms Act, 1959 and Arms Rules, 2016 and Licensing Authority is directed to decide the same expeditiously in accordance with law and also taking note of this Court's judgment in Indrajeet (supra).
Order Date :- 17.12.2021 AK