Sunil Kumar Singh vs State Of U.P. And 5 Others
2017 Latest Caselaw 4120 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- WRIT - C No. - 36225 of 2017
 

 
Petitioner :- Sunil Kumar Singh
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Jeevan Prakash Sharma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

The petitioner is before this Court assailing the order dated 07.06.2017 passed by third respondent and for a direction to the third respondent i.e. District Magistrate, Deoria to grant fire arm license to the petitioner.

On the matter being taken up on 16.08.2017 the Court had proceeded to ask learned Standing Counsel to seek instructions in the matter.  Again the matter was listed on 28.8.2017 and the Court has again given indulgence to learned Standing Counsel to seek instructions in the matter. On 04.09.2017 again the instruction had not come, however, learned Standing Counsel has apprised to the Court that necessary information in this regard has been sent to the District Magistrate, Deoria on 20.08.2017.  Therefore, the Court has asked the District Magistrate, Deoria to remain present on the next date i.e. 08.09.2017 to explain under what circumstances the order dated 16.08.2017 has not been complied with.

Pursuant to the aforesaid direction, Shri Sujit Kumar, District Magistrate, Deoria is present before this Court. 

Shri A.K. Mishra, learned Standing Counsel, on the basis of instructions, has apprised to the Court that conditional fire arm license has been issued in favour of the petitioner subject to outcome of the Case Crime No.1000 of 2012 under Section 419 and 420 IPC, vide order dated 05.09.2017 passed by the District Magistrate, Deoria.

It has also been apprised that in another case being Case Crime No.45A/1985 under Section 147, 323, 504, 506 IPC the petitioner has already been acquitted but in Case Crime No.1000 of 2012 chargesheet has been submitted to the competent court but till now the same has not been accepted.  In the aforementioned circumstances, the conditional license has been issued to the petitioner.

Once conditional license has been issued to the petitioner subject to outcome of Case Crime No.1000 of 2012, there is no need to keep the writ petition pending.  

The presence of the District Magistrate, Deoria is dispensed with. The instructions filed today is taken on record.

The writ petition is disposed of accordingly.

Order Date :- 8.9.2017

SP/