Quashed

Rizvan v. State of U.P. Thru Secy. and Others

Allahabad HC1 Nov 2021WRIC/5043/2013

Case brief

AI extract

What is this about?

This High Court quashed the orders of the Licensing Authority and Appellate Authority cancelling the petitioner's firearm license. The Court found the cancellation order had no legs to stand due to the nature of the incident involving children, lack of firearm use, and the petitioner being on bail.

What did the court decide?

Writ petition allowed, order quashing the cancellation order and apprenting restoring the license.

Rizvan Vs State of U.P. Thru Secy. and Others — Criminal Trial and Appeal | Allahabad HC (2021)

¶1

Court No. - 32

¶2

Case :- WRIT - C No. - 5043 of 2013

¶3

Petitioner :- Rizvan Respondent :- State Of U.P. Thru Secy. And Others Counsel for Petitioner :- Atul Kumar,Mohd. Wasim Counsel for Respondent :- C.S.C.

¶4

Hon'ble Rohit Ranjan Agarwal,J.

¶5

Heard learned Counsel for the petitioner and learned Standing Counsel for the State-respondents.

¶6

This writ petition has been filed assailing the order dated 30.4.2012 passed by Licensing Authority cancelling the firearm license of the petitioner and the appellate order dated 29.11.2012 whereby the appeal against the cancellation order has been dismissed.

¶7

It is contended by learned counsel for the petitioner that a NCR report was lodged, which was later on, after investigation, converted as Case Crime No.156 of 2011 under Section 325, 323, 504, 506 IPC. In the said matter, the petitioner is on bail and the injury report does not reveal any injury caused by firearm and all the injuries except injury no.1, are of simple in nature. Learned counsel further submitted that the incident took place due to altercation between the children of the neighbour and neither the firearm was used nor the First Information Report reveals the said fact. He has relied upon a decision of Division Bench in case of Sheo Prasad Mishra vs. District Magistrate, 1978 AWC 122 and another Division Bench of this Court in case of Masi Uddin vs. Commissioner Allahabad 1972 AllLJ 573 .

¶8

Learned Standing Counsel while opposing the writ petition submitted that though there is only one case registered against the petitioner, but, looking to the injury, which has been caused and the recommendation of the Licensing Authority for cancelling the firearm licence, no interference is required by this Court.

¶9

Having heard the counsel for the parties and from perusal of material on

¶10

record it appears that lodging of the First Information Report was due to the fact that the petitioner and his neighbour had entered into some altercation, which resulted in injury caused to the child of the neighbour. The first information report does not reveal use of firearm and moreover the petitioner is on bail.

¶11

Looking to the injury and the dispute with the neighbour, this Court finds that no case for cancellation of firearm licence is made out against the petitioner. Apart from the case mentioned in the show cause notice and the cancellation order, no other case is said to be registered or lodged against the petitioner.

¶12

Considering the facts and circumstances of the case, I find that the orders passed by the Licensing Authority as well as Appellate Authority have no legs to stand and the same are hereby quashed.

¶13

The writ petition stands allowed . However, the Licensing Authority is directed to call for a fresh police report and to verify the fact whether subsequent to cancellation of firearm licence, no other case has been lodged/registered against the petitioner and in case it is found that no criminal case is pending against the petitioner, the Licensing Authority shall proceed to restore the firearm licence granted earlier.

¶14

The aforesaid exercise shall be completed within a period of two months from the date of production of a certified copy of this order before him.

¶15

Order Date :- 1.11.2021 Kushal

Rizvan v. State of U.P. Thru Secy. and Others

Case brief

What is this about?

What did the court decide?

Rizvan v. State of U.P. Thru Secy. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shareef Mohammad Vs State of U.P.

Amar Pal Vs State of U.P. and 4 Ors.

Chandra Shekhar Vs State of U.P. and 2 Others

Allahabad Development Authority Allahabad Vs Uma Shanker Singh Secy. Shiva Sahkari Avas Samiti Ltd.andORS.

Aijajuddin Vs State of U.P. and 4 Others

Amit Kumar Vs State of U P and 2 Others