Samiullah vs State Of U.P. And Others
2012 Latest Caselaw 2269 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

AFR
 
Court No. - 2
 
Case :- WRIT - C No. - 71632 of 2010
 

 
Petitioner :- Samiullah
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Om Prakash Mishra
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Sudhir Agarwal,J.

1. Heard Sri Om Prakash Mishra, learned counsel for the petitioner and learned Standing Counsel for the respondents.

2. This writ petition is directed against the order dated 24.06.1995 (Annexure-2 to the writ petition) passed by District Magistrate, Allahabad cancelling firearm licence of petitioner and appellate order dated 21.07.2010 passed by Commissioner, Allahabad Division, Allahabad rejecting petitioner's appeal.

3. The facts, in brief, giving rise to the present dispute are as under.

4. The petitioner admittedly had his permanent residence at Village Fatuha, Police Station Sarai Inayat, District Allahabad. However, he is having a shop at Mutthiganj and is also residing at House No. 384-A Bahadurganj, Police Station Mutthiganj, District Allahabad. It has not been stated anywhere since when the shop at Mutthiganj is being run by petitioner and his predecessors/parents but it is not in dispute that shop in question was established by petitioner's parents long back and after the death of his father on 03.07.1993, it is being run by petitioner. Petitioner's father in fact was murdered whereafter first information report being Case Crime No. 327 of 1993 was registered at Police Station Mutthiganj, Tehsil Chial, Allahabad under Section 302 IPC on 03.07.1993. The petitioner applied for grant of firearm licence submitting an application under Section 13 of Arms Act, 1959 (hereinafter referred to as the "Act, 1959") and the licence was granted on 09.04.1994. His firearm and licence was seized by police on 01.04.1995 whereagainst he came to this Court in Writ Petition No. 15566 of 1996 stating that neither the licence has been suspended nor cancelled yet the same has not been returned to him. The writ petition was allowed on 18.02.1997 directing the State Authorities (District Magistrate, Allahabad, Senior Superintendent of Police, Allahabad and Station Officer, Police Station Mutthigang, District Allahabad (who were respondents in the aforesaid writ petition) to return petitioner's weapon and licence unless there is any order suspending or cancelling the licence. The aforesaid writ petition was allowed ex parte since the State authorities failed to file counter affidavit despite time having been granted thrice to them.

5. It appears that petitioner's firearm licence was already cancelled by District Magistrate on 24.06.1995 and petitioner did not place this fact before this Court.

6. There are some allegations of further harassment of petitioner by police after the judgment of this Court in Writ Petition No. 15566 of 1996 and it is said that since his firearm licence and weapon was not returned he filed another Writ Petition No. 16326 of 1997 with the prayer that his licence and weapon be returned. The said writ petition was disposed of on 13.05.1997 with the following order:

"Heard learned counsel for the petitioner.

Prayer made in this petition is that the respondent no.3 be directed to return the petitioner's fire arm being D.B.B.L. Gun No. 6006 which was seized by the respondent no. 3 on 1.4.1995.

Having heard counsel for the petitioner and having regard to the facts and circumstances of the case the writ petition is disposed of with the direction that in case the petitioner moves an application before the Licensing Authority, the latter shall look into the matter and pass appropriate orders regarding return or otherwise of the fire arm aforestated within a period of one month from the date of receipt of a certified copy of this order along with the application."

7. The petitioner communicated this order to District Magistrate with his letter dated 14.08.1997 and it is said that still respondents did not comply with Court's order and maintain silence. The petitioner also filed a Contempt Petition No. 1201 of 1998 which is pending.

8. A third writ petition was filed, i.e., Writ Petition No. 25051 of 2007 in which the counter affidavit was filed and authorities stated that firearm licence of petitioner having already been cancelled by District Magistrate on 24.06.1995 there is no question of returning licence to petitioner. The order thereafter passed on petitioner's aforesaid writ petition on 20.04.2010 is as under:

"1. This writ petition has been filed by the petitioner for following reliefs.

2. The learned counsel for the petitioner has contented that the respondent ceased his fire arm without cancelling or suspending his fire arm licence. Along with counter affidavit filed on behalf of the state respondents, a copy of the order dated 24.6.1995 passed by the District Magistrate, Allahabad has been filed as Annexure CA-2 by which the petitioner's fire arm licence was cancelled. Since, against the said order of the cancellation the petitioner has got an alternative remedy of filing an appeal under Section 18 of the Arms Licence Act, the writ petition is dismissed on the ground of alternative remedy. In case the petitioner files an appeal before the Appellate Authority within a period of six weeks from today along with a certified copy of this order along with an application for condonation of delay, the Appellate Authority shall consider and decide the delay condonation application of the petitioner sympathetically and considering the fact that the petitioner had been prosecuting this writ petition before this Court since year 2007."

9. In the counter affidavit filed in Writ Petition No. 25051 of 2007 it was also stated by respondents that pursuant to District Magistrate's order dated 24.06.1995 the weapon of petitioner was deposited in Nazarat, Allahabad on 02.04.1998 which is noted at Serial No. 759 in the register of Nazarat.

10. The petitioner thereafter filed appeal which has been rejected by Commissioner vide appellate order dated 21.07.2010. The District Magistrate has found that petitioner concealed material fact of his residential address of Mutthiganj where two criminal cases were already registered against him being Case Crime No. 157 of 1994, under Section 302 IPC and Case Crime No. 309 of 1992 under Section 302 IPC and since he has obtained licence by misrepresentation and concealment of desired information, the licence was to be cancelled in accordance with the conditions of grant of firearm licence.

11. In the entire writ petition the petitioner has not stated anywhere, whether he mentioned his address of 384-A Bahadurganj, Allahabad in the application form submitted before District Magistrate when requested for grant of firearm licence to him. It is also not stated by him that in 1994 when he applied for grant of firearm licence he was not residing at 384-A Bahadurganj, Allahabad, i.e., within the area of Police Station Mutthiganj. It is also not stated by him that at the time when he applied for grant of firearm licence, two criminal cases were not registered against him or that he had disclosed about the same in his application form. What he claims is that he is original resident of Village Fatuha, Police Station Sarai Inayat, District Allahabad and by virtue of his shop situated at Bahadurganj he is presently residing at Bahadurganj also but regarding concealment of information about his residence at Bahadaurganj and the criminal cases registered against him there is not even a whisper in the entire writ petition that aforesaid facts were disclosed or not in the application form.

12. The argument has been advanced on the premise that appellate authority has mentioned that original address namely the permanent address was not given though petitioner has mentioned address of Police Station Sarai Inayat in his application form but has admittedly not mentioned the address of Police Station Mutthiganj in his application form. The application form, proforma whereof has been prescribed in Form "A" under Rule 51 of Arms Rules, 1962 requires disclosure of current address and permanent address both.

13. From the pleadings it is also evident and proved that current address was not disclosed by petitioner in his application form. He is clearly guilty of concealment of material fact and obtaining licence by concealment of said information. It is one of the condition for grant of firearm licence that in case it is found that any information has been concealed or is found incorrect, the licence can be cancelled. The District Magistrate accordingly has rightly cancelled petitioner's firearm licence since he has been found guilty of concealment of relevant information which he was supposed to disclose in application form. In fact he made a false statement that his current address is also of Police Station Sarai Inayat though it is admitted fact that current address of petitioner at the time of submission of application form was 384-A Bahadurganj, Police Station Mutthiganj, Allahabad. This is evident from Annexure-3 to the writ petition, which is a copy of first information report lodged by petitioner himself on 03.07.1993 mentioning his address as 384-A Bahadurganj, Chota Dayara, Police Station Mutthiganj, Allahabad, i.e., on page 43 of the paper book.

14. The conduct of petitioner, therefore, justify impugned orders passed by respondents and this Court find no legal or otherwise error in the impugned orders warranting interference. In fact the various writ petitions filed by petitioner without disclosing correct facts that he had obtained firearm licence by concealment of material information and his licence was already cancelled by District Magistrate show that petitioner has misused the process of law by filing frequent writ petitions on misconceived grounds. It is thus a fit case where the writ petition should be dismissed with exemplary costs.

15. The writ petition is accordingly dismissed with costs of Rs. 25,000/-.

Order Date :- 29.05.2012

KA/AK