Ram Kumar @ Kuware S/O Amber Lal vs Commissioner Faizabad Division ...
2023 Latest Caselaw 10606 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- WRIT - C No. - 1006728 of 2011
 

 
Petitioner :- Ram Kumar @ Kuware S/O Amber Lal
 
Respondent :- Commissioner Faizabad Division Faizabad And Another
 
Counsel for Petitioner :- Kapil Gupta,Dinesh Kr. Sharma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajnish Kumar,J.

Heard.

This petition has been filed challenging the order dated 22.12.2008 passed by the District Magistrate, Barabanki/ respondent no.2 by means of which the fire arm license of the petitioner has been cancelled on account of lodging of F.I.R. vide Case Crime No.487 of 2007, under Sections 323, 504 and 506 I.P.C., in which Section 304 I.P.C. was also added and the appellate order dated 11.01.2010 by means of which the appeal filed by the petitioner has been dismissed.

Contention of learned counsel for the petitioner is that the fire arm license of the petitioner was cancelled merely on the ground of lodging of F.I.R. against the petitioner vide Case Crime No.487 of 2007 (supra). The charge sheet was filed against the petitioner and after trial the petitioner has been acquitted by means of the judgment and order dated 13.09.2011 passed in Sessions Trial No.1099 of 2011 and no appeal against the same has been filed till date, therefore the ground for cancellation of the fire arm license does not exist. Thus, the impugned orders are not sustainable in the eyes of law and the same are liable to be quashed, with direction to consider the case of petitioner a fresh.

Learned Standing Counsel does not dispute the submission of learned counsel for the petitioner and on the basis of instructions submits that no appeal or revision has been filed against the order passed by the Sessions Judge in Sessions Trial No.1099 of 2011 on 13.09.2011.

I have considered the submissions of learned counsel for the parties and on perusal of record, it is apparent that the order dated 22.12.2008 was passed cancelling the fire arm license of the petitioner only on the police report of lodging the F.I.R. vide Case Crime No.487 of 2007, under Sections 323, 504 and 506 I.P.C. in which Section 304 I.P.C. was also added. The appeal filed by the petitioner has also been dismissed. In pursuance of the case registered vide Case Crime No.487 of 2007, the Sessions Trial No.1099 of 2011 has been held in which the petitioner has been acquitted by means of the judgment and order dated 13.09.2011, therefore the ground for cancellation of fire arm license of the petitioner does not exist and the impugned orders are not sustainable in the eyes of law.

In view of above the impugned orders dated 22.12.2008 and 11.01.2010 are hereby quashed with a direction to the respondent no.2 to pass a fresh order in accordance with law after calling a fresh report from the police expeditiously.

With the aforesaid, the writ petition is partly allowed. No order as to costs.

...................................................................(Rajnish Kumar, J.)

Order Date :- 11.4.2023

Haseen U.