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SUKHRAM PAL versus STATE OF U.P. THRU' SECY. & OTHERS

High Court of Judicature at Allahabad

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Sukhram Pal v. State Of U.P. Thru' Secy. & Others - WRIT - C No. 54374 of 2005 [2005] RD-AH 2804 (13 September 2005)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. No. 52

Civil Misc. Writ Petition 54374 of 2005

Sukhram Pal

Versus

State of U.P. and others

Hon'ble V.K. Shukla,J

Proceeding for cancellation of firearm license of the petitioner  was initiated against the petitioner on the basis of Criminal case No. 364 of 2003 under Section 307 IPC. Show cause notice dated 17.01.2003 was issued and thereafter firearm license has been cancelled on 23.07.2004. Aggrieved against the same petitioner preferred appeal contending therein that sole ground on which aforesaid cancellation proceeding is based same has already been resulted in acquittal by means of judgment and order dated 19.02.2005 passed Additional  District Judge, Court No. 13 Meerut. Appeal has been rejected at this juncture present writ petition has been filed.

Sri C.B. Gupta, Advocate, submitted with vehemence that once ground on which proceeding for cancellation has been initiated has became non-existent same could not made foundation and basis for cancellation of firearm license of the petitioner, as such impugned order in question is liable to be quashed and set aside by this Hon'ble Court.

Learned Standing Counsel opposing said plea raised by the petitioner and contended that valid reasons are in the impugned order, and as such in interference is warranted by this Court.

After respective arguments have been advanced, undisputed factual position is that on account of alleged First Information Report against the petitioner under Section 307 IPC, proceedings for cancellation of firearm license of the petitioner. Said criminal case has resulted in acquittal by the judgment and order dated 19.02.2005 by Additional  District Judge, Court No. 13 Meerut Additional  District Judge, Court No. 13 Meerut. Thus, the ground on which firearm license has been cancel led became non-existent ground.

Consequently order dated 23.07.2005 passed by Licensing Authority as well as order dated 08.07.2005 passed by respondent no. 2  are hereby quashed  and set aside. In case as on date, license of the petitioner is subsisting, petitioner firearm shall be returned to him forthwith. In case renewal has not been made on account of pendency of this writ petition, the same shall be considered in accordance with law within a period of one month from the date of petitioner takes steps for such renewal.

With these observations present writ petition is allowed and disposed of.

13.09.2005

Dhruv    


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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