Allahabad High Court
Arun Kumar Singh vs State Of U.P. And 2 Others on 17 August, 2022
Bench: Piyush Agrawal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 7
Case :- WRIT - C No. - 13715 of 2021
Petitioner :- Arun Kumar Singh
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Yadvendra Pratap Singh,Sanjai Singh,Sanjeev Singh
Hon'ble Piyush Agrawal,J.
By means of the present writ petition the petitioner is seeking quashing of the order dated 11.6.2021 passed by respondent no.2 in Case No. 355 of 2021 (Arun Kumar Singh vs.State of U.P.) and order dated 89.2.2021 passed by respondent no.3 in Case No. D202014290000267 by which arms license of the petitioner has been cancelled.
Learned counsel for the petitioner submits that the only ground for cancellation of Arms Licence No. 505/PII (Revolver No. FG 341565-04.32 Bore) is that five criminal cases have been registered against the petitioner but out of five in two criminal cases, i.e. Crime Case Nos. 50 of 1995 and 106 of 1996 the petitioner has been acquitted and in rest three criminal cases proceedings are in progress. He further submits that there is no material on record to show that the fire arm licence granted to the petitioner has been misused or there is any danger to public safety except the allegation that criminal cases are pending against him. He further submits that fire arms licence can be cancelled only for the reason assigned to Section 17(3) of the Arms Act, 1959. In support of his submission he has relied upon judgments of this Court in Writ C No. 3439 of 2011 (Jay Bhagwan Kanodia vs. The Commissioner and another) decided on 26.7.2012 and Writ C No. 30389 of 2008 (Ram Singh vs. State of U.P. and others) decided on 28.3.2019 and submits that this Court should come for rescue and reprieve the petitioner.
Per contra, learned standing counsel submits that since the petitioner is having three criminal cases registered against him public peace and safety are in danger, therefore the order has rightly been passed cancelling the fire arms licence of the petitioner.
The Court has perused the record.
The provision of Sub-section (3) of Section 17 of the Arms Act provides various conditions for variation/cancellation or suspension of the arms licence, which is reproduced as under:-
"17.Variation, suspension and revocation of licences-
3.The licensing authority may by order in writing suspend a licence for such period as it thinks fit or revoke a licence-
(a) if the licensing authority is satisfied that the holder of the licence is prohibited by this Act or by any other law for the time being in force, from acquiring, having in his possession or carrying any arms or ammunition, or is of unsound mind, or is for any reason unfit for a licence under this Act ; or
(b) if the licensing authority deems it necessary for the security of the public peace or for public safety to suspend or revoke the licence; or
(c)if the licence was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the licence or any other person on his behalf at the time of applying for it;or
(d) if any of the conditions of the licence has been contravened; or
(e)if the holder of the licence has failed to comply with a notice under sub-section (1) requiring him to deliver-up the licence."
From the perusal of the aforesaid section it clearly provides that under which circumstances the fire arms licence can be cancelled. In the case in hand reference has been made for cancellation of the fire arms licence that since three criminal cases are registered against the petitioner, public peace and safety are in danger, but no material has been brought on record to show as to how public safety was in danger. The fire arm licence cannot be cancelled merely because FIRs have been lodged against the licensee.
This Court in Jay Bhagwan Kanodia (supra) and Ram Singh (supra) has held that fire arms licence can only be cancelled if it falls within sub Section (3) of Section 17 of the Act.
Considering the facts and circumstances of the case and view taken by this Court in Jay Bhagwan Kanodia (supra) and Ram Singh (supra) the Court is of the opinion that the impugned order dated 11.6.2021 passed by respondent no.2 in Case No. 355 of 2021 (Arun Kumar Singh vs.State of U.P.) and order dated 89.2.2021 passed by respondent no.3 n Case No. D202014290000267 cannot be sustained and are hereby set aside.
The writ petition succeeds and is allowed.
Order Date :- 17.8.2022
samz
