Allowed

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

Allahabad HC6 Apr 2023WRIC/9320/2023

Case brief

AI extract

What is this about?

High Court quashed the order cancelling a petitioner's gun license because the sole ground for cancellation (pendency of criminal case) vanished due to the petitioner's acquittal. The petition challenging the order recalling a review order was allowed.

What did the court decide?

The order dated 12.06.2008 cancelling the gun license is quashed, and the writ petition is allowed.

Dharmendra Singh Vs State of U.P… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Court No. - 6

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Case :- WRIT - C No. - 9320 of 2023

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Petitioner :- Dharmendra Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arun Kumar Vishvakarma,Vijai Kumar Tiwari Counsel for Respondent :- C.S.C.

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Hon'ble Pankaj Bhatia,J.

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Order on Amendment Application:

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An amendment application has been filed today by the petitioner. The same is taken on record.

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The application is allowed.

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Let necessary amendment be carried out during the course of the day.

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Order on writ petition:

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The present petition has been filed challenging the order dated 13.06.2022 passed by the respondent no.2 and the order dated 12.06.2008 passed by the respondent no.3.

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The facts leading to the filing of the present petition are that the petitioner claims to be the holder of a gun license issued by the respondents. The petitioner was served with the show cause notice dated 04.10.2007 proposing for cancelling the license and subsequently, an order came to be passed cancelling the gun license of the petitioner vide order dated 12.06.2008. As no opportunity was granted prior to passing of the said order, an application was made seeking review/ recall of the said order. The said application came to be allowed and an order was passed on 14.07.2008 in favour of the petitioner and thereafter, the gun license of the petitioner was restored.

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It appears that subsequently, the order dated 14.07.2008 was challenged by the State by preferring an appeal under Section 18 of the Arms Act. The said appeal was allowed by means of the order dated 13.06.2022 merely on the ground that no power of review existed with the Licensing Authority and thus, the order dated 14.07.2008 was wrongly passed in favour of the petitioner.

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The contention of the Counsel for the petitioner is that the petitioner did not prefer an appeal against the order dated

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12.06.2008 as the same was recalled by a subsequent order dated 14.07.2008. Now there is no remedy of appeal against the said order.

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The petitioner has filed an amendment application, which has been allowed by this Court today permitting the petitioner to challenge the order dated 12.06.2008.

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In view of the fact that the order dated 12.08.2008 stands revived by means of the impugned order only on the ground that no power of review/ recall existed in favour of the Licensing Authority and in the facts and circumstances of this case, I am of the view that the petitioner cannot be prevented to challenge the order dated 12.06.2008.

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In view of the circumstances expressed, this Court is entertaining the challenge to the order dated 12.06.2008 on merits.

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On perusal of the order dated 12.06.2008, it is revealed that the license of the petitioner was cancelled on account of pendency of a criminal case registered as Case Crime No.563 of 2007, under Sections 147, 148, 149, 307, 279, 323 IPC.

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It is argued that the said case has already come to an end and the petitioner has been acquitted by the trial court vide order dated 26.07.2019 passed in ST No.69 of 2016.

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In view of the fact that the sole foundation for passing of the order dated 12.06.2008 has vanished, the order dated 12.06.2008 is quashed.

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The writ petition is allowed .

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Order Date :- 6.4.2023 nishant

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Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad

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

Case brief

What is this about?

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

Case brief

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