Deep Narayan vs State of U.P. and Others

V.K. Shukla, J.—The present writ petition has been filed by petitioner questioning the validity of the order passed by Licensing Authority proceedings to cancel the Gun license of the petitioner and order of its affirmance appeal by the appellate forum.

The brief background of the case is that the petitioner is a licensee of fire arm and on account complicity of petitioner in case crime No. 230 of 2006 u/s 25/27 of the Arms Act and case crime No. 231 of 2006 u/s 30 of the Arms Act, recommendation was made for initiation of proceeding for cancellation of the fire arm license. On the said recommendation being made, the Licensing Authority has proceeded to issue show cause notice to the petitioner and petitioner submitted his reply contending therein that such criminal cases are out come of malice and false implication is there. The Licensing Authority was not satisfied with the reply so submitted and proceeded to cancel the license. In between qua the criminal cases which had been made basis and foundation for initiation of proceedings, qua one of them trial had taken place before competent criminal court and competent court in its wisdom on 24.10.08 in case No. 59 of 2007 passed order of acquittal. Appeal of petitioner had been taken up and said appeal in question was decided on 15th December, 2008 and thereafter present writ petition in question has been filed.

The other case, which was made foundation and basis for cancellation, which had been pending in the shape of case No. 60 of 2007 was also taken up by the competent criminal court and therein order of acquittal has been passed on 7th June, 2010 the copy of the such judgment has also been brought on record.

With the consent of the parties, present writ petition is being taken up for hearing and disposal.

Sri Jai Karan Nath learned Counsel for the petitioner contended with the vehemence that the criminal cases which were made foundation and basis for initiation of proceedings for cancellation of license, same have been resulted into acquittal, then the very foundation and basis for initiation of proceedings has become nonexistent.

Countering the said submission Learned Standing Counsel on the other hand, contended that rightful action has been taken in the matter and no interference should be made.

After respective argument have been advanced the factual position which emerges in the present case is that on account of initiation of criminal prosecution in case No. 230 of 2006 u/s 25/27 Arms Act and case crime No. 231 of 2006 of the Arms Act proceedings for cancellation had been undertaken as at the said point of time petitioners complicity was mentioned qua aforementioned case. This is accepted position that in both the criminal cases petitioner had been put to trial. In criminal case No. 59 of 2007 before competent Crl. Court where the prosecution case has been found to be totally suspicious and order of acquittal has been passed u/s 30 of the Arms Act.

Similarly, while trying criminal case No. 230 of 2006 u/s 25/27 of the Arms Act, the competent criminal court has found that the prosecution has failed to prove the case beyond reasonable doubt and also passed order of acquittal. Once this is the factual scenario, which has emerged that in both the criminal cases prosecution has failed to substantiate the same and said criminal case which were made foundation and basis for initiation of proceeding, order of acquittal has been passed. In such situation and in this background, the order of cancellation can not be permitted to be sustained. Consequently, keeping in view the facts and circumstances of the case. The order impugned can not be subscribed by the Court. The order of cancellation as well as order of affirmance in appeal, both are quashed and set aside. In case petitioner has subsisting valid licence and there is no other legal impediment, his firearm be returned to him forthwith, and in case the same has lapsed, the petitioner shall take proceedings for renewal and the return of the fire arm would abide by renewal proceedings.