Satyam Verma vs State Of U.P. And Another
2016 Latest Caselaw 6666 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - C No. - 51668 of 2016
 

 
Petitioner :- Satyam Verma
 
Respondent :- State Of U.P. And Another
 
Counsel for Petitioner :- Alkesh Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ashwani Kumar Mishra,J.

It is stated that petitioner is a victim of crime, and consequently, has moved an application for grant of firearm licence, which has remained pending since 25.1.2016, and no decision is being taken. This writ petition, consequently, has been filed for a direction upon the Licensing Authority to process the petitioner's claim.

Learned Standing Counsel for the respondents points out that under an interim order granted by the Lucknow Bench of this Court in Writ Petition No.3268 (MB) of 2012 (Jitendra Singh Vs. State of U.P. and others), the grant of firearm licence has been stayed. The operative portion of the interim order dated 7.10.2013 in Jitendra Singh (supra) directs as under:-

"Till then, no fresh licences under the Arms Act will be issued in the State of Uttar Pradesh. This order will however, not apply to applicants claiming licence under family heirloom policy and to victims of crime, having genuine need of weapon in the opinion of concerned District Magistrate."

The interim order dated 7.10.2013 has been extended till further orders, vide order dated 25.11.2013, which has also been modified vide following order dated 6.9.2014:-

"In view of above, we modify our order dated 25.11.2013 and permit State Government/Authorities to issue licenses to National and International sports persons only enabling them to participate in the shooting events, as per their specific requirements."

This Court in Writ Petition No.24945 of 2016 (Qadir Hussain Vs. State of U.P. and others) has been pleased to observe that there is no blanket ban for considering grant of firearm licence, and in case petitioner's case falls under the excepted category, his application can always be considered, in accordance with law.

In view of the above, this writ petition stands disposed of with a direction upon respondent no.2 to examine the petitioner's claim for grant of firearm licence, keeping in view the observations made above, by way of a reasoned speaking order, within a period of three months from the date of presentation of a certified copy of this order.

It shall be open for the petitioner to submit all such materials, which are available with him, alongwith certified copy of this order, to substantiate that petitioner's claim falls within the exception carved out under the interim order.

Order Date :- 26.10.2016

Vinod.