Allahabad High Court
Amit Kumar Singh vs State Of U.P. And 2 Others on 9 May, 2023
Bench: Piyush Agrawal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:99697
Court No. - 6
Case :- WRIT - C No. - 15424 of 2023
Petitioner :- Amit Kumar Singh
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Brijesh Kumar Pandey,Keshari Nandan Singh
Counsel for Respondent :- C.S.C.
Hon'ble Piyush Agrawal,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
By means of this writ petition, the petitioner is seeking a writ of mandamus commanding the respondents no. 2 & 3 not to compel the petitioner for surrendering his firearm during municipal elections/nikay chunav, which is going to be held on 11.05.2023.
Learned counsel for the petitioner submits that the petitioner is having a firearm licence i.e. NPB Rifle no. AB-05-5081 with 315 bore bearing Licence No.70/04-05/IIIB. P.S Kurara, District Hamirpur.
He further submits that the petitioner is having a valid firearm licence, however, without issuing any notice, the police officials of the police station concerned compelling the petitioner to deposit his firearm. Learned counsel for the petitioner has relied upon the judgment of this Court in Writ-C No.17436 of 2014 (Harihar Singh Vs. State of U.P.) decided on 02.04.2014 and submits that without there being any proper enquiry or the assessment report of screening committee against the petitioner regarding involvement of the petitioner in any unlawful activities which cause public nuisance, the petitioner may not be compelled for deposit of his firearm. He submits that the petitioner also undertakes that he shall not misusehis firearm during the upcoming election.
Per contra, learned Standing Counsel submits that none of the officers of the State -Government is compelling the petitioner for surrender of his firearm without there being any order passed in this respect. He submits that only after due assessment the petitioner may be asked to deposit his firearm in accordance with law.
The Court has perused the records.
Recently, this Court in Writ C No. 13824 of 2023 (Surendra Kumar Upadhyay and others s. State of U.P. and others) decided on 25.4.2023, has given certain directions to the State- authorities in such matters, the relevant part of which is quoted hereunder:-
"13. In view of above, a mandamus is issued to the State Authorities in the following manner:-
(a) No fire-arm license holder be compelled to deposit/ surrender their fire arm, until and unless Screening Committee, on the material available on record, forms an opinion for getting the same in respect of the individual fire-arm license holder.
(b) The respondent authorities not to compel the petitioners/fire arms licensees to deposit their fire-arms, unless their case/cases has/have been objectively (emphasis is mine) reviewed/assessed by a competent authority in writing and after complying with the provisions of law.
(c) It shall be open for the State Authorities to proceed in accordance with law, on case to case basis, in the light of Circular dated 07.04.2023 issued by the State Election Commission and if the Authorities feel that continuance of fire arm shall be subjected to disturb the law & order, the Authorities shall direct the concerned fire arm license holder, in writing, for surrendering the same.
(d) After exercising due procedure as aforesaid as well as after passing of the order in respect of impound / surrender of the fire arms, in case the licensee failed to deposit, the fire arm within stipulated period as given, the State Authorities can initiate proceedings under Section 188 of Cr.P.C. against the licensee."
In view of above, the writ petition is disposed of on the terms as enumerated in Writ C No. 13824 of 2023 (Surendra Kumar Upadhyay and others Vs. State of U.P. and others) decided on 25.4.2023.
Order Date :- 9.5.2023
Pravesh Mishra
