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Arun Kumar Singh vs State of U.P.and Another

Allahabad High Court · Decided on 7 April 2005 · Citation: (2005) 04 AHC CK 0135

HON’BLE JUDGES
V.M.Sahai, J
ACTS & SECTIONS REFERRED
Arms Act, 1959 — Section 17(3)
RESULT
Allowed
CASE NUMBER
Writ Petition 2676 (M/S) of 2000
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Judgment

6 paragraphs · 325 words

V.M. Sahai, J.—I have heard Sri R.S. Singh, Advocate holding brief of Sri Yogendra Kumar Tiwari learned counsel appearing for the petitioner and learned Standing counsel appearing for the respondents.

2.

Petitioner''s arms licence No.140 dated 23.12.1993 for SBBI, 12 Bore Gun No.15149/93 was cancelled vide order dated 11.2.2000 passed by the District Magistrate, Pratapgarh on the ground that three criminal cases were pending against him. Case Crime No.38/87 under Sections 147/148/149/307 IPC and Case Crime No.142A/91 under Sections 107/116 IPC have come to an end and the petitioner has been acquitted. The District Magistrate cancelled the arms licence of the petitioner on the ground that Case Crime No.121/94 under Sections 307/504 IPC was pending and the petitioner had misused the gun. The appeal filed by the petitioner had also been dismissed by the Commissioner, Allahabad Division, Allahabad on 15.5.2000. The petitioner has challenged both the aforesaid orders in this writ petition.

3.

During the pendency of the writ petition the petitioner has been acquitted in Case Crime No.121/94 by judgment and order dated 2.4.2004 in Sessions Trial No.53/1995 wherein it has been found that the witnesses did not see the accused firing on the injured and as such benefit of doubt had been given to the accused. Since the petitioner had been acquitted in case crime No.121/94, no case remains pending against him. Therefore, the impugned order passed by the District Magistrate and the appellate order cannot be maintained.

4.

In the result, the writ petition succeeds and is allowed. The order dated 15.5.2000 passed by the Commissioner, Allahabad Division, Allahabad and the order dated 11.2.2000 passed by District Magistrate, Pratapgarh, (Annexures 1 and 5 respectively to the writ petition) are quashed. The respondent No.2 is directed to restore the arms licence etc. of the petitioner within a period of one month from the date a certified copy of this order is produced before him.

5.

Parties shall bear their own costs.

(Petition allowed)