CourtKutchehry.com
High Courts

Virendra Kumar vs State of U.P.

Allahabad High Court · Decided on 19 December 1997 · Citation: (1997) 12 AHC CK 0073

HON’BLE JUDGES
B.K.Singh, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 21
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 3093 (M.S.) of 1997
Download PDFAsk AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

5 paragraphs · 359 words

B. K. Singh, J.—The petitioner, by this writ petition, has prayed for a writ in the nature of mandamus lo command the opposite parties for not compelling the petitioner to deposal his arm which is S.B.B.L.gunof.12bore.

2.

I have heard the learned Counsel for the petitioner. He has submitted that on account of Lok Sabha Election, which has yet not been notified, the opposite parties No. 2 and 3 have snarled the proc s of gelling the arm, held by the petitioner on a valid licence, deposited. The petitioner''s licence is valid up to 31121998. The arm licence has not been cancelled or the petitioner''s licence has been suspended. The petitioner''s father is an Ex. M.L.A. from Hasanganj reserved assembly constituency. There is not criminal history of the petitioner. The learned Counsel submits that the opposite parties cannot compel a valid licensee to deposal his arm which has been granted for protection of the person and property of the licensee. The learned Counsel has finally sublimed that in relation lo identical cases the Court has taken a view that until the licence is suspended or cancelled the opposite parties cannot compel the licensee lo deposit the arm simply because election Lok Sabha has been announced.

3.

I have considered the above submissions of the learned Counsel of the petitioner. The firearm is validly held by the petitioner on a licence under the Arms Act. If we have the provisions of the Act then if is clear that a licensee can hold arm until and unless arm licence is suspended or revoked. Mere announcement of the election is not a condition on whose basis an arm can be got deposited. Since this mailer has already been the subjectmatter of the decision of this Court in earlier cases of identical nature, I deem if proper lo dispose of this writ pillion finally with the following directions:

4.

The opposite parties shall not compel the petitioner to deposit his arm simply on the ground that election to Lok Sabha has been announced. The petitioner shall be permitted to hold the arm in case his licence is still valid.

Writ petition disposed of.