Writ petition challenging cancellation of firearms licence on grounds of pendency of criminal case. Court held that acquittal vitates the basis for cancellation, directing District Magistrate to reconsider the claim.
Writ petition disposed of with direction to District Magistrate to reconsider the cancelled licence in light of petitioner's acquittal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 36
Case :- WRIT - C No. - 28281 of 2018
Petitioner :- Jiyan Singh Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Prem Shankar,Pradeep Kumar Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
The present petition is directed against the orders of licensing authority and appellate authority cancelling the fire arms licence of the petitioner on the basis of report of the Superintendence of Police dated 12.4.2009 wherein it was informed that criminal case in Case Crime No. 261/2007, under Section 302/120-B, I.P.C. was lodged against the petitioner.
With reference to the judgment and order dated 17.8.2015 passed by the Additional District and Sessions Judge, Court No. 5, Allahabad in Sessions Trial No. 439/2014, it is demonstrated by the learned counsel for the petitioner that the petitioner has been acquitted in the criminal case, inasmuch as, it was a case of false implication of the petitioner. It appears that the fact of acquittal of the petitioner has not been brought to the notice of the Commissioner, Allahabad Division, Allahabad who has affirmed the order of cancellation of fire arms licence by dismissing the appeal.
From the perusal of the appellate order dated 5.5.2018, it is clear that the fact of acquittal of the petitioner in the aforesaid criminal case has not been considered at all.
Thus, considering the judgment of acquittal, this Court is of the considered view that with the acquittal of the petitioner, the grounds of cancellation of fire arms licence, itself obliterate. Reference may be made to the judgement of this Court in the case of Rajendra Pandit Vs. State of U.P. & others reported in 2012 (10) ADJ 435 wherein it has been held as under:-
cancelling or revoking the arms licence of the petitioner on the aforesaid ground of involvement and pendency of a criminal case is not tenable.
In Full Bench Decision of this Court rendered in Chhanga Prasad Sahu Vs. State of Uttar Pradesh, 1984 (10) ALR 223 and Kailash Nath and others Vs. State of U.P. and others, 1985 (22) ACC 353 and in case of Rana Pratap Singh Vs. State of U.P. 1994 JIC 72 (All); 1995 (Supp) ACC 235 , it has been held that mere pendency of a criminal case(s) is no ground for cancellation of arms licence. The effect of the aforesaid Full Bench decisions was also considered in Sadri Ram Vs. District Magistrate, Azamgarh and others, 1998 (3) AWC 2102: 1998 (37) ACC 830.
This Court in the case of Harprasad Vs. State of U.P. & others reported in 2005 (5) AWC 4939 held as hereunder:-
In view of above, without entering into the merits of the orders impugned, the present petition is being disposed of with the direction to the District Magistrate, Kaushambi to consider the claim of the petitioner for revocation of the cancellation order considering the fact that the petitioner has been acquitted in the criminal case, which was the basis of cancellation of fire arms licence.
For the purpose, the petitioner may file a fresh application within two weeks along with certified copy of this order. In case, such an application is filed, the District Magistrate, Kaushambi would be under obligation to take a decision in accordance with law, after seeking a fresh report with regard to credentials of the petitioner, expeditiously, preferably within a period of two months from the date of filing of the application.
Order Date :- 21.8.2018 Pratima
3 issues framed by the court
Whether the pendency of a criminal case can be a sole ground for cancellation of a firearms licence under Section 17 of the Arms Act.
Whether an acquittal in the underlying criminal case vitates the basis for cancelling a firearms licence.
Whether the licensing authority is obligated to reconsider a cancellation order when the petitioner has been acquitted.
Colour shows how this judgement treated each authority
Rajendra Pandit Vs. State of U.P. & othersReferred¶8
Rajendra Pandit Vs. State of U.P. & others 2012 (10) ADJ 435
Sheo Prasad Misra Vs. District Magistrate, BastiExplained¶9
Sheo Prasad Misra Vs. District Magistrate, Basti 1979 (16) ACC 6(sum)
Mast Uddin Vs. Commissioner, AllahabadExplained¶9
Mast Uddin Vs. Commissioner, Allahabad 1972 ALJ 573
Chhanga Prasad Sahu Vs. State of Uttar PradeshReferred¶11
Chhanga Prasad Sahu Vs. State of Uttar Pradesh, 1984 (10) ALR 223
Kailash Nath and others Vs. State of U.P. and othersReferred¶11
Kailash Nath and others Vs. State of U.P. and others, 1985 (22) ACC 353
Rana Pratap Singh Vs. State of U.P.Referred¶11
Rana Pratap Singh Vs. State of U.P. 1994 JIC 72 (All); 1995 (Supp) ACC 235
Sadri Ram Vs. District Magistrate, Azamgarh and othersReferred¶11
Sadri Ram Vs. District Magistrate, Azamgarh and others, 1998 (3) AWC 2102: 1998 (37) ACC 830
Harprasad Vs. State of U.P. & othersReferred¶1213
Harprasad Vs. State of U.P. & others 2005 (5) AWC 4939
Lalji Vs. Commissioner, Kanpur and anotherReferred¶13
Lalji Vs. Commissioner, Kanpur and another, 199 (4) AWC 2952
1 provisions across 1 enactments
Jiyan Singh
State Of U P
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
