Allahabad High Court
Ramveer Singh @ Bambhole vs Commissioner Lucknow Division ... on 26 May, 2022
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 19
Case :- WRIT - C No. - 905 of 2020
Petitioner :- Ramveer Singh @ Bambhole
Respondent :- Commissioner Lucknow Division Lucknow And Ors.
Counsel for Petitioner :- Sachin Tiwari
Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
Heard the Counsel for the petitioner as well as the leaned Additional Chief Standing Counsel.
The present petition has been filed challenging the order dated 26.11.2012 whereby firearm license of the petitioner was cancelled on the ground of pendency of two criminal cases as well as the order dated 18.10.2019 whereby the appeal preferred by the petitioner was dismissed.
The Counsel for the petitioner argues that the petitioner was granted a firearm license, however, on account of matrimonial dispute, the daughter of the petitioner lodged an FIR against her in-laws in Case Crime No.265 of 2009, under Sections 498A, 323, 506 IPC and Section 3/4 of D.P. Act and as a sequel to that an FIR in Case Crime No.275 of 2009, under Section 380 IPC has been lodged against the petitioner. Prior to the said criminal case, an FIR in Case Crime No.16 of 2008, under Section 448, 380, 506 IPC was also lodged against the petitioner.
The Counsel for the petitioner further argues that in view of the two cases, the proceedings were initiated for cancellation of the license. He argues that even in the said case, there was no allegation of misuse of weapon nor was any case registered under the Arms Act, as such, the cancellation of the license in exercise of powers conferred under Section 17(3) of the Arms Act was not justified. In support of his submissions, the Counsel for the petitioner places reliance in the cases of Pankaj Kumar Mishra vs State of U.P. and others; [2020 (3) JIC 182 (All)], Lalu vs State of U.P. and others decided on 18.01.2017 in Writ Petition No.1811 (MS) of 2016, Mohd. Shakeel vs State of U.P. and others decided on 30.01.2017 in Writ Petiton No.3382 (MS) of 2016 and Shiv Prasad vs State of U.P. and others decided on 05.05.2016 in Writ-C No.24540 of 2014.
I have perused the record and the judgments cited by the Counsel for the petitioner. Clearly there is no material on record to come to the conclusion that use of the arms would in any way effect public peace or security. The law is clearly well settled that mere because of pendency of criminal cases, the arms license cannot be cancelled. Thus considering the judgments cited above and there being nothing on record to come to the conclusion that any act of the petitioner would cause breach of peace or security, the impugned orders dated 26.11.2012 and the order dated 18.10.2019 are unsustainable and are accordingly set aside.
The writ petition is allowed.
Order Date :- 26.5.2022
akverma
