Shyam Narayan Singh vs State Of U.P. And 2 Others
2023 Latest Caselaw 690 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - C No. - 40018 of 2022
 

 
Petitioner :- Shyam Narayan Singh
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Bhriguram Ji,Sandip Kumar,Shashi Shekhar Maurya
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. Firearm licence of petitioner was cancelled on the ground of pendency of a criminal case being Case Crime No. 244 of 2003, under Section 302 IPC and appeal thereagainst was also dismissed.

2. Learned counsel for petitioner submits that later on by judgment and order dated 16.07.2018 petitioner was acquitted in criminal case granting benefit of doubt. In these circumstances petitioner again approached before District Magistrate concerned to restore firearm licence, however, his application was rejected vide order dated 18.08.2021 and appeal thereof was also dismissed vide order dated 27.07.2022. Both these orders are under challenge in present writ petition.

3. Firearm licence of petitioner was cancelled on the ground of pendency of a criminal case which is not in dispute and only on the ground that later on petitioner was acquitted in criminal case, said order will not become illegal or void ab initio. Therefore, the orders impugned in this writ petition do not suffer with any illegality.

4. In these circumstances, without interfering with impugned orders, the writ petition is disposed of with liberty to petitioner to approach Competent Authority by way of filing a fresh application for grant of firearm licence under Arms Act, 1959 read with Arms Rules, 2016, which will be decided in accordance with law taking note of judgment passed by this Court in Indrajeet Singh vs. State of U.P. and others, 2021(10) ADJ 471.

Order Date :- 6.1.2023

AK