Hari Singh vs State Of U.P. & 2 Others
2014 Latest Caselaw 7753 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 
Case :- WRIT - C No. - 56981 of 2014
 
Petitioner :- Hari Singh
 
Respondent :- State Of U.P. & 2 Others
 
Counsel for Petitioner :- Rahul Chaturvedi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.

By means of present writ petition, the petitioner has prayed for following relief:-

"I. Issue a writ order or direction in the nature of certiorari quashing the impugned order dated 30.06.2009 passed by Additional District Magistrate (Admn.), Mathura in Case No. 13 of 2009 (State Vs. Hari Sngh) and in Case No. 14 of 2009 (State Vs. Hari Singh U/s 17(3)) Arms Act, confirmed by impugned judgment of learned Commissioner, Agra Division, Agra dated 11th September, 2014 (Annexure Nos. 3 and 5 respectively) in 259 of 2009 (Hari Singh Vs. State).

II. Issue a writ order or direction in the nature of mandamus commanding the respondent authorities to restore back the arm license of the petitioner bearing Pistol no. 337295 License No. 224 of 1997.

III. Issue any other suitable, writ order or direction, which this Hon'ble Court may deem fit and proper in the circumstances of the case.

Iv. Award cost of this writ petition in favour of the petitioner."

Learned counsel for the petitioner submits that petitioner has already been acquitted in criminal proceeding and in most arbitrary manner the appellate authority had rejected the appeal of the petitioner.

He further submits that once the petitioner had been acquitted in criminal proceeding, then the appellate authority had no right to make any comments over the image of the petitioner.

However, learned Standing Counsel submits that the competent authority had every right to scrutinize image of the person in whose favour arm license is going to be released. Both things are different, if the person is acquitted from criminal proceeding, the authority concerned is not duty bound to release license in favour of person concerned.

Matter requires consideration.

Learned Standing Counsel prays for and is granted two weeks' time to file counter affidavit, rejoinder affidavit, if any, may be filed within one week thereafter.

List this matter in the week commencing 24th November 2014 for admission/ hearing.

Order Date :- 28.10.2014

VKG