Ankur Malviya vs The State Of U.P. And Another
2023 Latest Caselaw 2632 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - C No. - 2407 of 2023
 

 
Petitioner :- Ankur Malviya
 
Respondent :- The State Of U.P. And Another
 
Counsel for Petitioner :- Vikas Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Heard learned counsel for petitioner and learned Standing Counsel.

Petitioner is an employee of this Court who has filed an F.I.R. against one Rajesh Pratap Singh and after investigation, charge-sheet was filed and by judgment dated 5.10.2021 he was convicted. However, in appeal thereof, his sentence was suspended.

Learned counsel for petitioner submits that after release on bail said person is extending threats to him.

Above grievance of the petitioner cannot be considered by this Court as appropriate remedy for him is to file a bail cancellation application.

Learned counsel for petitioner further submits that petitioner has filed an complaint before District Magistrate to cancel arms license of said Rajesh Pratap Singh, but the same has not been considered till date.

Learned Stranding Counsel fairly submits that if fresh application is filed by petitioner with due receipt before the District Magistrate, same will be considered by District Magistrate in accordance with law.

Considering aforesaid submission, this writ petition is disposed of with liberty to the petitioner to file an appropriate application before the District Magistrate with due receipt and thereafter District Magistrate will take appropriate decision under the provisions of Arms Act and Rules framed thereunder expeditiously after hearing the license holder.

Order Date :- 24.1.2023

SB