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Sanjay Kumar v. State Of U.P. & Others - WRIT - C No. - 48160 of 2002 [2007] RD-AH 16125 (28 September 2007)

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Court No.23

Civil Misc. Writ Petition No. 48160 of 2002

Sanjay Kumar .......... Petitioner.


State of U.P. and another ........... Respondents.

Hon'ble Krishna Murari, J.

Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.

The petitioner is having an arm license for D.B.B.L. gun. A notice for cancellation of the said license was issued to the petitioner on account of his alleged involvement in an incident which was registered as case crime no. 109 of 2001 under Section 147, 148, 149, 307, 302 I.P.C., P.S. Sarai Akil district Kaushambi. The petitioner contested the notice by filing objection stating that neither he was named in the F.I.R. nor there is any allegation of using fire arm by him. Respondent no.3 vide order dated 14.6.2002 cancelled the license of the petitioner on the ground that in the alleged incident two persons died and many other persons were seriously injured and there was every likelihood of using firearm by the petitioner. The petitioner challenged the said order in appeal. Respondent no.2 vide order dated 30.9.2002 dismissed the appeal on the ground that the trial against the petitioner in respect of the aforesaid crime is pending.

It has been urged by learned counsel for the petitioner that without considering the facts neither the petitioner was named in the F.I.R. nor there was any allegation in the F.I.R. for use of firearm by the petitioner rather the allegation was with respect to use of country made pistol and the petitioner was subsequently named in the investigation, firearm license of the petitioner has been cancelled. It has also been brought to my notice that the petitioner has been acquitted in Sessions Trial vide order dated 13.9.2004, certified copy of the same has been filed along with supplementary affidavit.

In reply, learned Standing Counsel submitted that license of the petitioner was cancelled on account of misuse of fire arm by the petitioner and he was involved in the offence.

I have considered the argument advanced by learned counsel for the parties and perused the record.

My attention has been drawn to the averments made in the supplementary counter affidavit filed on behalf of the State wherein it has been stated that the gun was used by the brother of the petitioner. The said allegation was found illegal in the sessions trial. In view of the fact that the petitioner was given clean acquittal in the sessions trial and the use of fire arm in the alleged incident was not found to be correct, the order of cancellation of gun license on the said fact cannot be sustained.

In view of the above, the impugned orders dated 14.6.2002 and 30.9.2002 passed by respondent nos. 3 & 2 respectively are hereby quashed. The writ petition stands allowed.




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