The petitioner challenged the rejection of her firearm license application by the licensing authority. The court held that the authority's satisfaction cannot be interfered under Article 226 of the Constitution as per Section 13 and 14 of the Arms Act since no threat to life was demonstrated.
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Court No. - 36
Case :- WRIT - C No. - 37934 of 2018
Petitioner :- Sarita Singh Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Dheeraj Kumar Yadav,Avanish Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
The present petition is directed against the order dated 5.4.2014 whereby the application seeking grant of fire arms licence moved by the petitioner has been rejected noticing therein that criminal cases are pending against the petitioner's husband and that of her father-in-law and uncles-in-law.
The fact of pendency of the criminal cases as recorded in the order impugned is not disputed. The licensing authority has recorded its satisfaction after getting the police report with regard to the credentials of the petitioner and her family members. It is recorded in the order impugned that the petitioner is a house wife and she has not been able to demonstrate from any evidence on record that there was any threat to her life or property.
The satisfaction recorded by the licensing authority in exercise of its wide jurisdiction under Section 13 read with Section 14 of the Arms Act cannot be interfered within the scope of Article 226 of the Constitution of India. For the said reason, no inference is also required in the appellate order whereby the appeal has been rejected on the ground of delay.
The present petition is, accordingly, dismissed.
Order Date :- 19.11.2018 Pratima
3 issues framed by the court
Whether the licensing authority satisfied regarding firearm license denial under Section 13 read with Section 14 of the Arms Act can be interfered under Article 226 of the Constitution of India.
Whether the present writ petition challenging the rejection of firefighter weapon license should be allowed.
Whether the appellate order rejecting the appeal on the ground of delay requires interference.
2 provisions across 2 enactments
Sarita Singh
State Of U.P.
02 Others
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
