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Thursday, October 13, 2016

मुकदमा दर्ज होने पर निरस्त नहीं कर सकते शस्त्र लाइसेंस, केवल लोक शान्ति और सुरक्षा को ख़तरा होने के आधार पर ही रद्द हो सकता है लाइसेंस

मुकदमा दर्ज होने पर निरस्त नहीं कर सकते शस्त्र लाइसेंस, केवल लोक शान्ति और सुरक्षा को ख़तरा होने के आधार पर ही रद्द हो सकता है लाइसेंस ।


HIGH COURT OF JUDICATURE AT ALLAHABAD 
Court No. - 2 

Case :- WRIT - C No. - 61835 of 2008 

Petitioner :- Chhiteshwar Upadhyaya 
Respondent :- State Of U.P. And Others 
Counsel for Petitioner :- O.P. Ojha,Sheshadri Trivedi 
Counsel for Respondent :- C.S.C. 

Hon'ble Pankaj Mithal,J. 
Heard learned counsel for the parties and perused the pleadings exchanged. 
The firearm licence of the petitioner in respect of rifle has been cancelled and the appeal has been dismissed. 

The submission of learned counsel for the petitioner is that his license has been cancelled as he is involved in a criminal case and according to police report his conduct is of a criminal nature.None of these grounds are good enough for cancelling the license. 

I have perused the impugned order and found that only for the reason that a criminal case is pending against the petitioner and that he has indulged in marpeet or that his conduct was found to be of criminal nature his firearm license has been cancelled. 

There is no finding that the petitioner has violated any condition of the firearm license or that it is necessary for the security of public peace or public safety. It is not even the case of the petitioner that he has obtained the firearm license by misrepresentation or by suppressing material facts. 

It has been settled by catena of decisions that mere pendency of criminal case can not by itself is sufficient to cancel firearm license or to revoke the same. The nature and character of the petitioner is not material for cancelling the license unless there is finding that his conduct is of such a nature that it is likely to disturb the public safety and peace.

In the absence of such finding, none of the grounds contained in Section 17 of the Arms Act, 1956 gets attracted. Accordingly, the impugned orders dated 13th June 206 and 5.9.2006 are hereby quashed and the writ petition is allowed. 
Order Date :- 5.10.2016 
SKS