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Bablu @ Pradeep Tripathi v. State Of U.P. Thru' Secy. Home And Others - WRIT - C No. 57169 of 2005  RD-AH 7063 (18 April 2007)
Court No. 21.
Civil Misc. Writ Petition No. 57169 of 2005.
Bablu and Pradeep Tripathi Vs. State of U.P. & others.
Hon. Sunil Ambwani, J.
Heard learned counsel for the petitioner and learned Standing Counsel.
The petitioner holds a fire arm licence. He was involved in Case Crime No. 115A of 1994 under Section 147,148,149,307,504,506, I.P.C. Pending investigation his licence was suspended on a satisfaction recorded by the District Magistrate, Shahjahanpur that since the petitioner is involved in criminal case, there is likelihood of apprehension of misuse of fire arm. By the order dated 12.9.2000 his fire arm licence (rifle) was cancelled, and that by order dated 23.5.2001 the Commissioner, Bareilly Division, Bareilly dismissed his appeal.
Learned counsel for the petitioner relied upon a judgment dated 8.7.2001 passed by the VIII Additional Sessions Judge, Court No. 8, Shahjahanpur by which the petitioner Bablu, an accused in the case was acquitted in Case Crime No. 115A of 1994 on the ground that witnesses turned hostile, and that it could not be prove beyond doubt that the accused Bablu and others had fired on the complainant in an attempt to commit murder. After his acquittal, the petitioner has applied for revoking the order by which his licence was cancelled and to release his rifle. It is contended that the application is pending before the District Magistrate (Lincesing Authority), Shahjahanpur since 8.5.2002, and that no action has been taken.
The fact alleged in the writ petition clearly demonstrate that the only ground on which the petitioner's licence was cancelled has become non existence. In the circumstances , the Licensing Authority is directed to consider the grounds and to release of fire arm to the petitioner, taking into account the facts and circumstances given in the judgment of acquittal as well s subsequent conduct of the petitioner very expeditiously and in any case within six weeks from the date of production of a certified copy of this order.
The writ petition is disposed of accordingly.
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