Petitioner employee facing threats from convicted co-defendant sought writ relief. Court found appropriate remedy is application to District Magistrate for arms license cancellation and disposed of petition.
Petition disposed of with liberty to file appropriate application before District Magistrate with due receipt.
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Court No. - 34
Case :- WRIT - C No. - 2407 of 2023
Petitioner :- Ankur Malviya Respondent :- The State Of U.P. And Another Counsel for Petitioner :- Vikas Kumar Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
Heard learned counsel for petitioner and learned Standing Counsel.
Petitioner is an employee of this Court who has filed an F.I.R. against one Rajesh Pratap Singh and after investigation, chargesheet was filed and by judgment dated 5.10.2021 he was convicted. However, in appeal thereof, his sentence was suspended.
Learned counsel for petitioner submits that after release on bail said person is extending threats to him.
Above grievance of the petitioner cannot be considered by this Court as appropriate remedy for him is to file a bail cancellation application.
Learned counsel for petitioner further submits that petitioner has filed an complaint before District Magistrate to cancel arms license of said Rajesh Pratap Singh, but the same has not been considered till date.
Learned Stranding Counsel fairly submits that if fresh application is filed by petitioner with due receipt before the District Magistrate, same will be considered by District Magistrate in accordance with law.
Considering aforesaid submission, this writ petition is disposed of with liberty to the petitioner to file an appropriate application before the District Magistrate with due receipt and thereafter District Magistrate will take appropriate decision under the provisions of Arms Act and Rules framed thereunder expeditiously after hearing the license holder.
Order Date :- 24.1.2023 SB
Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad
Ankur Malviya
The State Of U.P.
Saurabh Shyam Shamshery
As recorded by the court registry
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