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Veerpal Singh v. State Of U.P. Thru' Commissioner & Anr. - WRIT - C No. 27175 of 2004  RD-AH 14107 (16 August 2007)
(Court No. 23)
Civil Misc. Writ Petition No. 27175 of 2004
Veerpal Versus State of U.P through Commissioner Bareilly and others.
Hon'ble S.U.Khan J
Heard learned counsel for the parties.
This writ petition is directed against order dated 9.10.2002 passed by District Magistrate, Budaun in case No. 8 under section 17 of Arms Act State Vs. Veerpal cancelling petitioner's arm licence (licence to hold a gun) on the ground of his involvement in a criminal case under section 395/ 353/ 425/ 279 I.P.C in case crime No. 35 of 1999. Against order dated 9.10.2002, petitioner filed appeal No. 7 of 2002-03 Veerpal Vs. State. Commissioner Bareilly division Bareilly dismissed the appeal on 25.2.2004. The said order has also been challenged through this writ petition.
Today learned counsel for the petitioner has filed supplementary affidavit annexing therewith copy of judgement dated 17.8.2004 passed by Special Session Judge, J.P. Nagar in Session Trial No. 54 of 2001 acquitting the petitioner who was accused therein. In the certified copy of the judgment dated 17.8.2004 number of case crime is mentioned as 25 of 2001 however in the said judgement date of incident is mentioned as 14.2.1999. Learned counsel for the petitioner states that correct case crime number is 35 of 1999 and it has wrongly been mentioned as 25 of 2001 in the judgment of the Special Session Judge, J.P. Nagar. Prima facie argument of learned counsel for the petitioner appears to be correct. As the petitioner has been acquitted in the criminal case, hence, the very basis of cancelling the gun licence has vanished.
Accordingly writ petition is allowed. Impugned orders are set-aside. However, it is clarified that petitioner's gun licence be renewed only when he files correct certified copy of the judgement given in Session Trial No. 54 of 2001 on 17.8.2004 by Special Session Judge J.P. Nagar containing correct case crime number (i.e the same number which is mentioned in the order cancelling the gun licence).
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