Allahabad High Court
Harinandan vs Commissioner Lucknow Division ... on 31 October, 2022
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 20
Case :- WRIT - C No. - 5203 of 2022
Petitioner :- Harinandan
Respondent :- Commissioner Lucknow Division Lko And Another
Counsel for Petitioner :- Arjun Singh Somvanshi
Counsel for Respondent :- C.S.C.
Hon'ble Manish Kumar,J.
1. The present writ petition has been preferred for quashing of the appellate order dated 25.05.2022 passed by opposite party no. 1 i.e. Commissioner, Lucknow Division, Lucknow under Section 18 of the Arms Act, 1959 and the rejection order dated 29.12.2020 passed by opposite party no. 2 i.e. District Magistrate, Hardoi rejecting the application for grant of arms license to the petitioner.
2. Learned counsel for the petitioner has submitted that the petitioner had applied for grant of arm license for NP Bore Rifle on 17.03.2020 which was rejected by the District Magistrate, Hardoi on the ground that the petitioner had given a false affidavit and had not disclosed the three criminal cases, registered against him.
3. It is further submitted that regarding the three criminal cases which were registered against the petitioner, the Superintendent of Police had submitted his report on 04.12.2020 mentioning therein that in case crime no. 611/1992, the petitioner has been acquitted, the case crime no. 81/1996 has been expunged and in case crime no. 112/1997, the petitioner has been acquitted by giving the benefit of doubt and the said fact has been mentioned by the District Magistrate in the rejection order dated 29.12.2020.
4. It is further submitted that at the time of preferring an application for grant of arms license, no case was registered against the petitioner and in all the cases, the petitioner has already been acquitted, hence, the petitioner has not given a false affidavit filed along with his application for grant of arms license. It is further submitted that the pendency of criminal cases cannot be a ground for cancellation of arms license.
5. On the other hand, learned standing counsel has submitted that the application for grant of arms license of the petitioner was not rejected on the ground of pendency of criminal cases rather it was rejected on the ground that the petitioner had given a false affidavit stating therein that against the petitioner, no criminal case has ever been registered in any of the Police Station of India.
6. At this stage, learned counsel for the petitioner has submitted that in case crime no. 112/1997, the petitioner has already been acquitted vide judgment and order dated 15.12.2008 and case crime no. 81/1996 has been expunged on the basis of final report dated 06.11.1996. It is further submitted that the petitioner after the acquittal and the expunction, no criminal case was ever registered against him and that is why, he had not disclosed the same.
7. After arguing at some length, learned counsel for the petitioner has submitted that liberty may be given to the petitioner to prefer a fresh application for grant of arms license and the same may be considered by the Licensing Authority ignoring the earlier order dated 29.12.2020 passed by opposite party no. 2 and the appellate order dated 25.05.2022 passed by opposite party no. 1.
8. Learned Standing Counsel has no objection to the prayer made by learned counsel for the petitioner.
9. Considering the submission raised by learned counsel for the parties, the present writ petition is disposed of finally with a liberty to the petitioner to make afresh application for grant of arms license to the Licensing Authority, who may consider the case of the petitioner ignoring the earlier rejection order dated 29.12.2020 and the appellate order dated 25.05.2022.
Order Date :- 31.10.2022
Nitesh
