Ishwar alias Bhuri vs State of U.P. and Others

Anjani Kumar, J.—The petitioner aggrieved by an order passed by the licensing authority dated 27th March, 2003, whereby the licensing authority has cancelled the fire arm licence of the petitioner, approached the appellate authority under the provisions of the Arms Act, who dismissed the appeal filed by the petitioner and affirmed the order passed by the licensing authority vide his order dated 23rd October, 2003. Aggrieved by the aforesaid orders, the petitioner approached this Court by means of present writ petition under Article 226 of the Constitution of India.

From the narration of the fact in the writ petition, it reveals that the petitioner, a licensee of fire arm under the provision of Arms Act, was served with a show cause notice thereby asking the petitioner to show cause within fifteen days from the date of receipt of notice as to why his fire arm licence should not be cancelled because the petitioner has a criminal history and he is involved in Case Crime No. 282 of 1984, u/s 302/307/428, I.P.C. ; Case Crime No. 219 of 1994, u/s 307/504, I.P.C. ; Case Crime No. 333 of 1994, u/s 384/506, I.P.C. and Case Crime No. 105 of 1996 u/s 506, I.P.C. The petitioner submitted his reply to the aforesaid show cause notice vide his reply dated 27th November, 2000, wherein he has denied the allegation made in the show cause notice and has stated that so far as the Case Crime No. 282 of 1984 u/s 302/307/428, I.P.C. (S.T. No. 89 of 1985) is concerned he has been acquitted from the Court of IV Additional District Judge, Muzaffarnagar, vide its judgment and order dated 16th July, 1998. The petitioner has further submitted that so far as Case Crime No. 219 of 1994 u/s 307/504, I.P.C. {S.T. No. 188 of 1998) is concerned, he has been acquitted from the High Court vide Judgment and order dated 19th November, 1998. Similarly, he has submitted that with regard to Case Crime No. 333 of 1994 u/s 394/506, I.P.C. he has been acquitted by-the IInd Additional Chief Judicial Magistrate, Muzaffarnagar vide its order dated 12th January, 1999. It is only the Case Crime No. 105 of 1996 u/s 506, I.P.C. which is pending in the Court of 1st Additional Chief Judicial Magistrate, Muzaffarnagar and then has submitted his defence, that he has been involved in these cases because of the rivalry. The aforesaid explanation did not find favour with the licensing authority. The licensing authority, therefore, cancelled the petitioner''s fire arm licence vide his order dated 27th March, 2000.

Aggrieved thereby, the petitioner preferred an appeal before the Commissioner/Appellate Authority and reiterated his stand. The appellate authority dismissed the appeal of the petitioner and held that because of the petitioner''s involvement in so many cases, as stated above and merely because the petitioner has been acquitted for lack of evidence, which itself demonstrates that the petitioner is not a fit person who should be allowed to continue with the fire arm licence. The appellate authority therefore upheld the order passed by the Licensing Authority and dismissed the petitioner''s appeal.

Learned counsel appearing on behalf of the petitioner reiterated the same contention before me in support of this petition and relied upon a judgment delivered by me in the case of Iftikhar Khan Vs. State of U.P. and Others, in Civil Misc. Writ Petition No. 14673 of 1999, decided on 4th February, 2002, wherein this Court considering the earlier decisions of this Court have held that mere involvement in criminal case cannot in any way affect the public security or public interest and the order cancelling or revoking the petitioner''s fire arm licence, therefore, is liable to be set aside. In view of the decision referred to above, the orders passed by the Licensing Authority as well as the appellate authority deserve to be quashed.

In view of what has been stated above, this writ petition succeeds and is allowed. The orders dated 27th March, 2003 and 23rd October, 2003, passed by the licensing authority as well as by the appellate authority are quashed.