Court No. - 25
Case :- WRIT - C No. - 47846 of 2015 Petitioner :- Zainul Abdeen Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pramod Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Siddhartha Varma,J.
The petitioner who is an Ex Gram Pramukh was served with a show cause notice under the Arms Act as to why his licence to carry the fire arm be not cancelled owing to the fact that there were four criminal cases pending against him. The petitioner had replied. However, as the reply was not found suitable, the Collector cancelled the licence. The appeal was also rejected. Hence, the instant writ petition.
Learned counsel for the petitioner has submitted that mere pendency of criminal cases cannot be taken as a ground for the cancellation of fire arm licences. Pendency of criminal cases would not mean that the possession of a fire arm would be dangerous for public peace and public safety. Further, learned counsel for the petitioner has brought on record the fact that out of the four cases in two criminal cases the petitioner has been acquitted. The acquittal was in Case Crime No. 281 of 1993 under Sections 147, 353, 332, 504, 506, 323, 452 I.P.C. and in Case Crime No. 98 of 1995 under Sections 147, 148, 149,307, 452, 436, 504, 506 I.P.C. Further the learned counsel for the petitioner has submitted that in Case Crime No.314 of 1995 under Sections 147, 148, 149, 307, 452, 436, 504, 506 I.P.C. and in Case Crime No. 20 of 2005 under Sections 467, 468, 471, 420 I.P.C., final reports had been submitted by the police. He further submits that no appeal had been filed against the judgments and orders of acquittal.
Learned Standing Counsel, however, submits that a fire arm should not be carried by a person who was involved in criminal cases as it would endanger public peace and public safety.
Having heard the learned counsel for the parties, I am of the view that since there is no finding in the orders impugned that the carrying of the fire arm by the petitioner would be dangerous for the public peace and public safety the licence could not be cancelled. The mere pendency of the criminal cases was also no ground for the cancellation of the licence. Furthermore the basis for the cancellation also was not available as the petitioner was acquitted in the criminal cases and no appeal had been filed against the orders of acquittal.
Under such circumstances, the order dated 29.5.2012 passed by the District Magistrate, Kaushambi and the order dated 1.7.2015 passed by the Commissioner, Allahabad Division, Allahabad are quashed.
The writ petition is allowed.
Allowing of the writ petition would not mean that the firearm licence would automatically be restored. The petitioner may apply afresh for a licence for carrying of a firearm under the Arms Rules, 2016 along with a certified copy of this order. The licencing authority may issue a firearm licence within 30 days thereafter if the petitioner is found eligible for one.
Order Date :- 28.2.2018 Ashish Pd.