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Santosh Kumar Singh v. State Of U.P. And Others - WRIT - C No. 2798 of 2006  RD-AH 1045 (16 January 2006)
Court No. 52
Civil Misc. Writ Petition No. 2798 of 2006
Santosh Kumar Singh
State of U.P. and others
Hon'ble V.K. Shukla,J
Petitioner is licensee of DBBL gun license. On account of complicity of the petitioner in Case Crime nos. 136 of 1997 under Section 323/504/506/307 IPC, proceedings for cancellation of firearm license of the petitioner had been initiated against petitioner. Initially order of suspension was passed on 09.03.2000. Petitioner preferred appeal against the same and during the pendency of the aforesaid appeal order of acquittal has been passed on 23.06.2001 in the aforesaid criminal case. Said appeal was allowed on 17.06.2002 and the matter was remitted back to be decided afresh after calling for fresh police report. Thereafter order dated 15.01.2004 has been passed by respondent no. 3. Aggrieved against the same petitioner filed Appeal. Said appeal has also met with the same fate. At this juncture present writ petition has been filed.
Sri Ranvir Singh, Learned counsel for the petitioner submitted with vehemence once criminal case on which order of cancellation/suspension has resulted into acquittal then said criminal case cannot be made foundation and basis for suspension/cancellation of firearm license of the petitioner, as such order of suspension/cancellation as affirmed in appeal is liable to be quashed and set aside.
Learned Standing Counsel on the other hand submitted that complicity of the petitioner in criminal case clearly reflects towards character of the petitioner and further order has been passed on valid ground, as such no interference is warranted by this Court.
After respective arguments have been advanced, undisputed position which is emerging is to the effect that petitioner has been implicated in Case Crime nos. 136 of 1997 under Section 323/504/506/307 IPC and order of acquittal dated 23.06.2001 has been passed. As such, as on date non-existent grounds are foundation and basis for passing of order of cancellation/suspension.
Thus, the grounds on which license was canceled is based on non-existent ground on account of order of acquittal being passed, as such as on date orders dated 15.01.2004 passed by respondent no. 3 and order dated 11.02.2005 passed by respondent no. 2 are hereby quashed and set aside. In case as on date license of the petitioner is valid and subsisting, then in that event petitioner's firearm shall be returned to him forthwith. In case licence has lapsed then proceedings for renewal be undertaken by petitioner and return of firearm shall abide by final order, which would be passed on renewal application.
With these observations, present writ petition is allowed and disposed of.
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