Allowed

Brijesh Kumar Singh v. State of U.P. Thru Prin. Secy. Home Deptt. and Ors.

Allahabad HC17 Oct 2024WRIC/13020/2020

Case brief

AI extract

What is this about?

Writ petition challenging cancellation of arm license and dismissal of appeal. Court quashed impugned orders as petitioner was not summoned in relevant FIR cases, applying settled law that mere alleged involvement without legal cognizance cannot justify cancellation.

What did the court decide?

Impugned orders dated 19.12.2014 and 22.1.2020 quashed; arm license restored to petitioner.

Brijesh Kumar Singh Vs State of U.P. Thru Prin. Secy… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:69931

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Court No. - 7 Case :- WRIT - C No. - 13020 of 2020

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Petitioner :- Brijesh Kumar Singh Respondent :- State Of U.P. Thru Prin. Secy. Home Deptt. And Ors. Counsel for Petitioner :- Jai Pratap Singh Counsel for Respondent :- C.S.C.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the petitioner and learned Standing Counsel.

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The present writ petition has been filed challenging the order dated 19.12.2014 whereby the arm licence granted to the petitioner was cancelled as well as order dated 22.1.2020 whereby the appeal preferred by the petitioner was dismissed.

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Learned counsel for the petitioner argued that a show cause notice was served upon the petitioner prior to cancellation of the arm licence proposing to cancel the same mainly on the ground of alleged involvement of the petitioner in two criminal cases being Case Crime No.204 of 2012, under Sections 452, 323, 504, 506 I.P.C. and Case Crime No.623 of 2013, under Sections 147, 148, 307, 323, 504, 506 I.P.C. The petitioner filed a reply denying his involvement in the said two cases, however the prescribed authority proceeded to pass an order cancelling the arm licence mainly on account of alleged involvement of the petitioner in the said two cases. The appeal preferred by the petitioner was also dismissed.

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Contention of learned counsel for the petitioner is that in cognizance order taken while hearing, case arising out of F.I.R.No.623 of 2013, the petitioner was not even summoned by the trial court and no cognizance was taken against him as such the entire foundation for passing the aforesaid order is apparently wrong. The said cognizance order has been filed alongwith supplementary afÏdavit.

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He further argued that mere alleged involvement of the petitioner in the alleged

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criminal case, cannot be a ground for cancellation of arm licence as has been held by this Court in the case of Ram Charan Vs. State of U.P. and two others : 2016 (11) ADJ 185.

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Learned Standing Counsel appearing on behalf of the respondent State does not deny that the petitioner was not even summoned in the case arising out of F.I.R. No.623 of 2013.

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Considering the fact that the foundation for passing the order of cancelling was non existent and in view of the settled position as laid down in the case of Ram Charan (supra), the writ petition deserves to be allowed.

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Accordingly, the writ petition is allowed. Impugned orders dated 19.12.2014 and 22.1.2020 are hereby quashed. The arm licence granted in favour of petitioner is hereby restored.

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Order Date :- 17.10.2024

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Shukla

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Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Brijesh Kumar Singh v. State of U.P. Thru Prin. Secy. Home Deptt. and Ors.

Case brief

What is this about?

What did the court decide?

Brijesh Kumar Singh v. State of U.P. Thru Prin. Secy. Home Deptt. and Ors.

Case brief

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What did the court decide?

What the court decided

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