Mohd. Furkan Ansari vs State Of U.P. And 2 Others
2023 Latest Caselaw 5608 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - C No. - 4999 of 2023
 

 
Petitioner :- Mohd. Furkan Ansari
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Avnish Kumar Srivastava
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Sri Avnish Kumar Srivastava, learned counsel for petitioner submits that petitioner has taken a specific ground in memo of appeal filed under Section 18 of Arms Act, 1959 that not only petitioner was granted acquittal but in case of similarly situated co-accused persons, the arm license were restored with certain conditions. However, said ground has not been considered by Appellate Authority.

Learned Standing Counsel for State fairly submits that it appears that said ground has not been considered by Authority.

Considering above submissions and that the Appellate Authority has not considered specific ground referred above, therefore, impugned order passed by Appellate Authority on 25.05.2022 is set aside and matter is remanded back to Appellate Authority to consider case afresh taking note of specific grounds mentioned in paragraphs 4 and 5 of memo of appeal as well as also taking note of judgment passed by this Court in Indrajeet Singh vs. State of U.P. and another, 2021 (10) ADJ 471 and shall pass appropriate order expeditiously.

Petition stands disposed of with aforesaid observations.

Order Date :- 20.2.2023

Nirmal Sinha