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CHANDRA SHEKHAR versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Chandra Shekhar v. State Of U.P. & Others - WRIT - C No. 27862 of 2002 [2005] RD-AH 4989 (27 October 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

                                                                                       Court No.38

Civil Misc. Writ Petition No. 27862 of 2002

Chandra Shekhar                Vs.                State of U.P.and others

Hon'ble Vineet Saran, J

The petitioner was granted an arms license in the year 1993. A case crime no. 232 of 1998 under sections 147, 148, 149, 307, 336 and 504 I.P.C. was registered against the petitioner. A notice dated 8.1.1999 was issued to the petitioner to show cause as to why his license should not be cancelled and in the meantime the arms license of the petitioner was placed under suspension. After considering the reply of the petitioner to the show cause notice, the District Magistrate, Respondent no.2, cancelled his arms license on 3.12.1999. The appeal filed by the petitioner against the said order was also dismissed by the Commissioner vide Judgment dated 3.6.2002. Aggrieved by the aforesaid orders the petitioner has filed this writ petition.

I have heard Sri S.K.Chaturvedi, learned counsel for the petitioner as well as learned Standing Counsel appearing on behalf the respondents. Counter and rejoinder affidavits have been exchanged. With the consent of the learned counsel for the parties this writ petition is being disposed of at the admission stage itself.

The sole ground for cancellation of the arms license of the petitioner was because of his involvement in case crime no.232 of 1998. The contention of the learned counsel for the petitioner is that he had been wrongly implicated in the said case. However, during the pendency of this writ petition, in Sessions Trial no. 125 of 2005 arising out of case crime no. 232 of 1998, the petitioner has been acquitted by Judgment and Order dated 13.7.2005 passed by Additional District Judge, Fast Track Court (Court no.1), Jhansi. A certified copy of the said order has been filed along with the supplementary affidavit. In view of the fact that the petitioner has already been acquitted in the criminal case, which was the sole basis for cancellation of his arms license, the ground on which his arms license had been cancelled, does not exist any longer. As such the impugned orders are liable to be quashed.

Accordingly, for the foregoing reasons this writ petition stands allowed. The orders dated 3.12.1999 and 3.6.2002 passed by Respondent nos.2 and 3 respectively are quashed. No order as to cost.

Dt/-27.10.2005

dps


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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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