Allahabad High Court
Jabbar vs State Of U P And 3 Others on 6 August, 2021
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
Reserved on 03.08.2021
Delivered on 06.08.2021
Court No. - 19
Case :- WRIT - C No. - 33815 of 2018
Petitioner :- Jabbar
Respondent :- State Of U P And 3 Others
Counsel for Petitioner :- Onkar Singh,Alka Upadhyay,Prabhakar Awasthi,Saurabh Tripathi
Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
1. This writ petition is filed against the order dated 22.12.2017 passed by District Magistrate, Muzaffarnagar under Section 17(3) of Arms Act, 1959 (hereinafter referred to as "Act, 1959") cancelling petitioner's firearm licence and appellate order dated 06.08.2018 passed by Commissioner, Saharanpur Division, Saharanpur under Section 18 of Act, 1959 rejecting his appeal.
2. Sri Prabhakar Awasthi, learned counsel for petitioner, submitted that petitioner's firearm licence has been cancelled only on the ground of his involvement in Case Crime No. 72 of 2011, under Section 304 IPC. He relied on a copy of order dated 01.04.2019, which is placed on record by way of a supplementary affidavit whereby petitioner, after trial, has been acquitted by the Court of Additional Sessions Judge, Court No. 12, Muzaffarnagar. He further relied on a judgment passed by this Court in Harprasad and others vs. State of U.P. and others, 2005 SCC OnLine All 115 to submit that mere pendency of criminal case(s) is no ground for cancellation of arms licence and also that it is settled law that after acquittal the very basis for cancellation of firearm licence stand vitiated. It is also submitted that no ground is mentioned in the cancellation order that there is likelihood of disturbance for the security of public peace or for public safety.
3. Learned Standing Counsel appearing for respondents, has not disputed the aforesaid facts and also that except the reason of pendency of criminal case there is no other ground to cancel the firearm licence of petitioner. He, however, submitted that petitioner has been acquitted in aforesaid criminal case on the ground of benefit of doubt.
4. In the present case, the impugned orders clearly indicate that there is nothing to show that petitioner has misused his firearm in any manner. Mere pendency of criminal case has nothing to do with the firearm licence or the weapon possessed by petitioner and would not justify cancellation of the firearm licence.
5. Considering the facts as narrated above that petitioner has already been acquitted in criminal case during pendency of which his firearm licence was cancelled, therefore, the very basis to cancel petitioner's firearm licence is not available now, therefore, the orders impugned in this writ petition cannot be sustained.
6. In the result, prayers in the writ petition are allowed. Impugned orders dated 22.12.2017 and 06.08.2018 are hereby set aside. The District Magistrate, Muzaffarnagar is directed to pass a fresh order in accordance with law after taking into account a fresh police report for the period after the impugned orders. This exercise shall be completed within a period of two months from today.
Order Date :- 06.08.2021
AK
