Mohammad Rizwan vs Commissioner Meerut Division Meerut and Another

Aloke Chakrabarti, J.—The District Magistrate cancelled the licence granted to the petitioner to possess fire arms. Ground of cancellation was petitioner''s involvement in a criminal case punishable under Section 307, I.P.C. Appeal filed by the petitioner was also rejected.

Learned counsel for the petitioner contends that the aforesaid criminal case has ended in acquittal of the petitioner and a copy of the said judgment has been annexed to the writ petition, still then the appellate order has been passed without quashing the cancellation order.

After considering the respective contentions of the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents it appears that cancellation was in view of pendency of one criminal proceeding against the petitioner and the said proceedings has ended in acquittal of the petitioner after the cancellation order was passed by the District Magistrate. In such circumstances, I do not find any ground for continuation of the impugned cancellation order.

The writ petition is, therefore, allowed and the impugned orders dated 661996 and 1861998 at Annexures2 and 4 to the writ petition are hereby quashed.