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Yogendra Pal Singh v. State Of U.P. & Others - WRIT - C No. 13165 of 2004 [2005] RD-AH 4239 (8 October 2005)


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                                                                                    Court No.38

Civil Misc. Writ Petition No. 13165 of 2004

Yogendra Pal Singh Vs. State of U.P. and others

Hon�??ble Vineet Saran, J

The petitioner was granted an arms license in the year 1999. An F.I.R. was lodged against the petitioner in the year 2002 in which a cross F.I.R. was also lodged by the petitioner. On 24.12.2002 the petitioner was issued a notice to show cause as to why his arms license be not cancelled. By the order dated 6.10.2003 the District Magistrate, Moradabad, respondent no.2 suspended the arms license of the petitioner under section 17 (3) of the Arms Act till the pendency of the criminal case pending against the petitioner. Challenging the said order the petitioner filed an appeal, which was dismissed by the Commissioner, Moradabad Division, Moradabad, respondent no.3, on 31.12.2003. Aggrieved by the aforesaid orders the petitioner has filed this writ petition.

I have heard Sri Ghanshyam Joshi, learned counsel appearing for the petitioner as well as the learned Standing Counsel appearing for the respondents. Counter and rejoinder affidavits have been exchanged between the parties and with the consent of learned counsel for the parties, this writ petition is being heard and disposed of finally at the admission stage itself.

The only ground for suspending  the arms license of the petitioner is the pendency of criminal case against him. There were two criminal cases pending against the petitioner. In one case the petitioner has already been acquitted while the other is pending. As per the impugned order the arms license of the petitioner shall remain suspended till the decision  in criminal case pending against the petitioner. A Bench of this Court in the case of Nagroo Ram Vs. State of U.P. and others 2000 A.A.R. 243(H.C.), after relying upon the Full Bench decision of this Court  in the case of Chhanga Prasad Sahu Vs. State of U.P. and others 1984 A.W.C. 145, has held that �??in any case under the provisions of the Section 17(3) of the Arms Act there is no provision for suspending the license till conclusion  of the criminal proceedings.�?? There is no other ground on which the arms license of the petitioner has been suspended. Even otherwise in the case of Raghubir Singh Vs. Commissioner, Jhansi Division, Jhansi and others  2002(2) J.I.C. 987 (All) it has been held that the arms license cannot be even cancelled on the ground of involvement in a criminal case. Thus, if merely because of pendency of criminal case the arms license  cannot be cancelled, the same can also not be suspended.  

Keeping in view the position of law, the arms license of the petitioner cannot be placed under suspension indefinitely till the criminal case pending against him is concluded. As such the orders impugned in this writ petition are liable to be quashed.

Accordingly, this writ petition stands allowed. The orders dated 6.10.2003 and 31.12.2003 passed by respondent nos. 2 and 3 respectively  are quashed. No order as to costs.  




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