Ved Prakash Jaiswal @ Shanu vs State Of U.P. Thru. Prin. Secy. ...
2021 Latest Caselaw 7867 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 6
 

 
Case :- MISC. SINGLE No. - 14402 of 2021
 

 
Petitioner :- Ved Prakash Jaiswal @ Shanu
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lucknow & Ors.
 
Counsel for Petitioner :- Vaibhav Gupta
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

(1) Heard the learned counsel for the parties and perused the record.

(2) The petitioner has approached this Court against the order dated 04.04.2021 passed by the Opposite party no.2, The District Magistrate, Sitapur, as Licensing Authority under Section 17 (3) (6) of the Arms Act suspending the petitioner's license and also issuing Show Cause Notice to him simultaneously to place his case before the Licensing Authority before final orders can be passed.

(3) Learned Standing Counsel has pointed that against the order of suspension, the petitioner has statutory remedy of filing an Appeal under Section 18 of the Act which he has not availed and ordinarily whenever statutory remedy is available, the Writ Court does not entertain the writ petitions as has been held by the Constitutional Bench in the case of N.P. Ponnuswami Vs. Returning Officer reported in AIR 1952 SC 64.

(4) Learned Counsel for the petitioner says that there are several judgments of this Court where observations have been made that only because of lodging of FIR in one single offence allegedly committed by the Licensee, no suspension order should be passed without application of mind as to whether such alleged offence committed by the Licensee made it apparent that it would endanger public security and public safety.

(5) This Court does not wish to entertain the writ petition at this stage as the petitioner has a statutory remedy of filing an Appeal. He also has opportunity to give his explanation to the Licensing Authority as the enquiry with regard to Section 17 is still pending before the Licensing Authority and reply to the Show Cause Notice has to be submitted by the petitioner.

(6) This petition is finally disposed of with a direction to the petitioner to file his reply to the Show Cause Notice dated 04.04.2021 within ten days from today annexing therewith all relevant case laws which are necessary for application of mind by the Licensing Authority thereafter. The Licensing Authority shall consider the case laws submitted by the petitioner and pass appropriate orders after due application of mind to them within a period of one month from the date of submission of reply of the petitioner.

Order Date :- 13.7.2021

PAL