Allowed

Harvir Singh v. State of U.P. and 2 Others

Allahabad HC12 Feb 2020WRIC/24005/2015

Case brief

AI extract

What is this about?

Petitioner challenged cancellation of his firearm license due to implication in a criminal case. Since he was subsequently acquitted, the court held the revocation void under Arms Act and quashed the cancellation order, directing restoration of the license.

What did the court decide?

The order revoking the firearm license was quashed with a direction to the District Magistrate to restore the license to the petitioner within six weeks unless new material warrants otherwise.

Harvir Singh Vs State of U.P. and 2 Others — Service and Employment | Allahabad HC (2020)

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Court No. - 39 Case :- WRIT - C No. - 24005 of 2015 Petitioner :- Harvir Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Upendra Upadhyay,Arvind Kumar Singh

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Counsel for Respondent :- C.S.C.

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Hon'ble Ashwani Kumar Mishra,J.

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Petitioner's fire arm license has been cancelled under Section 17 of the Arms Act on account of his implication in Case Crime No. 44 of 2014, under Sections 25(1) (A), 29 of the Arms Act and Section 135 of G.P. Act. An appeal filed by the petitioner has also been rejected. Thus aggrieved the petitioner is before this Court.

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Learned counsel for the petitioner has placed a photo copy of the certified copy issued by the court of Additional Judicial Magistrate, Kalol, Gujarat, according to which the petitioner has already been acquitted from the aforesaid criminal case vide judgment dated 18.09.2019. He places reliance upon the proviso to sub-section 7 of Section 17 of the Arms Act in order to submit that once the petitioner has been acquitted of the criminal case, implication thereof was the reason for cancellation of fire arm license, the suspension or revocation of fire arm license shall become void. Proviso to Section 17(7) of the Arms Act, 1949 is reproduced hereinafter:-

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''Sec. 17(7). A court convicting the holder of a licence of any offence under this Act or the rules made thereunder may also suspend or revoke the licence:

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Provided that if the conviction is set aside on appeal or otherwise, the suspension or revocation shall become void."

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From the records produced it is apparent that the only reason for cancellation of petitioner's fire arm license is his implication in the criminal case in which the petitioner has already been acquitted. By virtue of proviso to Sub-section 7 of Section 17 of the Arms Act the revocation of fire arm license cannot continue once the petitioner has already been acquitted. In such circumstances the order revoking the fire arm license cannot be sustained and is accordingly quashed. The District Magistrate shall pass necessary orders for restoring fire arm license to the petitioner unless there is any other subsequent material on record justifying restoration of fire arm to the petitioner. Required order would be passed within a period of six weeks.

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Order Date :- 12.2.2020/Abhishek Singh

Harvir Singh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Harvir Singh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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