Sandeep Kumar vs State Of U.P. And 2 Others
2023 Latest Caselaw 5822 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - C No. - 3746 of 2023
 

 
Petitioner :- Sandeep Kumar
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Kunwar Bikram Suryabansh,Vinay Kumar Singh Chandel
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Arms license of petitioner was cancelled on the ground of pendency of criminal case.

Kunwar Bikram Suryabansh, learned counsel for the petitioner submits the subsequently, petitioner was granted acquittal from charges under Section 307/34 I.P.C. and under Section 30 of Arms Act on the ground that prosecution was failed to prove the case beyond reasonable doubt, therefore, the very basis of the cancellation order is extinguished. However, he fairly submits that it appears that in memo of appeal, said ground was not taken therefore, appellate authority has not considered it and prayed that subsequent events be considered by this Court.

Since petitioner has failed to brought on record order of acquittal before appellate court, therefore, impugned order cannot be held to be illegal and also taking note that licence of petitioner was suspended way back in the year 2016 i.e. more than six years ago, therefore, at this stage without considering police report in regard to petitioner for last more than six years, prayer of the petitioner cannot be considered.

In view of above, without interfering with impugned order, this writ petition is disposed of with liberty to petitioner to file a fresh application for arms license disclosing subsequent events and authority concerned will consider the prayer of petitioner on basis of police report as well as considering judgment in Indrajeet Singh Vs. State of U.P. & Anr,2021 (10) ADJ 471 and decide the application taking note of time limit as provided under the Arms Act and Rules framed thereunder.

Order Date :- 21.2.2023

SB