Shailendra Shankar Giri vs Commissioner Jhansi Divi. And ...
2012 Latest Caselaw 879 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- WRIT - C No. - 47843 of 2010
 

 
Petitioner :- Shailendra Shankar Giri
 
Respondent :- Commissioner, Jhansi Division and Others
 
Petitioner Counsel :- Sudhir Shandilya
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Sudhir Agarwal,J.

Petitioner's application for grant of firearm licence has been rejected by District Magistrate by order dated 11.2.2010, observing that the petitioner has a criminal aptitude and his entire family has notorious reputation in the nearby area instilling fear in the people and, therefore, grant of firearm licence to the petioner would not be in the public interest.

The aforesaid order has been confirmed by the Commissioner, Jhansi Division, Jhansi, by its order dated 21.7.2010 in appeal.

Learned counsel for the petitioner stated that there was a criminal case under sections 147, 324, 323, 504, 506 IPC and 3(i)Ix) SC and ST (P.A) Act pending against the petitioner's father, which resulted in his acquittal and no criminal case is pending against the petitioner so far, hence he cannot be denied a firearm licence.

Section 14 of the Arms Act empowers the licensing authority to refuse to grant a firearm licence where it finds an applicant unfit to possess a firearm in public interest or public security or for any other reason.

In the present case, reasons have been given in the impugned orders and there is nothing on record to show that the said reasons are nonest or perverse.

In the peculiar facts and circumstances of the case, I do not find it a fit case to interfere under Article 226 of the Constitution.

Writ petition is dismissed. Interim order, if any, is vacated.

Order Date :- 25.4.2012

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