Shiv Shanker vs Commissioner Allahabad Division and Others

Sibghat Ullah Khan, J.—Heard learned Counsel for the parties. Petitioner''s arms licence was initially suspended on 26.6.1996 against which appeal was filed which was dismissed on 23.9.1997. Meanwhile through order dated 22.4.1997 passed by District Magistrate, Fatehpur in case No. 525 of 1996 u/s 17 Arms Act licence had been cancelled on the ground that proceedings were initiated against the Petitioner u/s 151/107/116 Code of Criminal Procedure.

Against order dated 22.4.1997, Petitioner filed appeal No. 8 of 1998-99. Commissioner, Allahabad division, Allahabad dismissed the appeal on 21.12.1999 hence this writ petition.

In this writ petition interim order was granted due to which Petitioner is still possessing the gun. In para-4 of the counter affidavit duplicate copy of which has been supplied today as the original is not on record, it is mentioned that a criminal case u/s 147/323/325 I.P.C. was also lodged against the Petitioner. In this regard learned Counsel for the Petitioner has filed certified copy of judgment in case No. 301 of 2003 arising out of case crime No. 258 of 1996. Ist Additional Chief Judicial Magistrate, Court No. 10, Fatehpur acquitted the Petitioner who was an accused in the said case. Accordingly, there remains nothing for continuing the cancellation order. Moreover, learned Counsel for the Petitioner states that till date no other criminal case has been lodged against the Petitioner.

For the reasons mentioned above, writ petition is allowed. Impugned orders dated 22.4.1997 and 21.12.1999 are set aside. However, if during the pendency of the writ petition some other criminal case was initiated against the Petitioner, apart from the one in which he was acquitted on 6.10.2004, (certified copy of which judgment has been placed on record), fresh proceedings for cancellation of gun licence may be initiated.