Allahabad High Court
Anand Mishra vs State Of U.P. Thru. Distt. Magistrate ... on 29 March, 2024
Author: Abdul Moin
Bench: Abdul Moin
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:26256
Court No. - 5
Case :- WRIT - C No. - 2979 of 2024
Petitioner :- Anand Mishra
Respondent :- State Of U.P. Thru. Distt. Magistrate Barabanki And 4 Others
Counsel for Petitioner :- Anubhav Awasthi,Rajeev Mishra
Counsel for Respondent :- C.S.C.,Rakesh Kumar Chaudhary,Vijay Vikram Singh
Hon'ble Abdul Moin,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the respondents no. 1 to 3 and Sri Gaurav Vishwakarma, Advocate holding brief of Sri Rakesh Kumar Chaudhary, learned counsel for the respondent no. 5. Notice on behalf of the respondent no. 4 has been accepted by Sri Vijay Vikram Singh, Advocate.
2. There is consensus at the Bar that the matter in issue is squarely covered by judgement of this Court dated 16.12.2022 passed in Writ C No. 9064 of 2022 in re: Ram Rang Jaiswal vs State of U.P. and others.
3. For the sake of convenience, the order dated 16.12.2022 passed in the case of Ram Rang Jaiswal (supra) is reproduced below:
"Heard Sri Ajey Singh, learned counsel for the petitioner as well as learned counsel for the respondents.
Learned counsel for the parties agree that similar controversy as raised in the present petition has been disposed off by this court in terms of the order dated 30.03.2019 passed in Writ Petition Misc. Single No.8774 of 2019 (Ziaur Rahman Alvi vs State of U.P. and others) on the following terms :
"In view of the aforesaid facts and circumstances, the writ petitions are being disposed of with the direction:-
i. A writ in the nature of mandamus is issued commanding the State Government that the citizens who have valid fire arms license including the petitioners, may not be compelled to deposit their fire arms in general merely on the basis of the ensuing Assembly Elections.
ii. It is also commanded that no District Magistrate or District Superintendent of Police or any Officer subordinate to them shall compel the citizens in general to deposit their firearm unless there is an order of the Central Government as indicated hereinabvoe in the judgment.
However, the above directions shall not preclude the competent officer/authority to pass orders/prohibit orders in individual cases or in general under the provisions of the Arms Act or under the provisions of Code of Criminal Procedure, 1973 after application of mind.
It will also not preclude the District Magistrates/SSPs/S.P.s/Incharge of the Districts to seize weapons and take action against the holders of fire arms licence under the provisions of the Arms Act in case any attempt is made by any citizen to display or carry firearms at any time till the end of the elections as the orders have already been passed by the District Magistrate under Section 144 Cr.P.C.
It is further clarified that in case any citizen has criminal antecedents or found displaying the arms, action may be taken against them in accordance with the provisions of law. District Magistrates are also directed to pass orders after examining the individual cases for suspending the licences and ensuring the deposit of arms in cases related to persons who have criminal history or who are on bail or lacked clean antecendents as the same might involved interference in the conduct of the free and fair elections."
(11) Considering the order of the respondents issued under the direction of the Election Commission of India and observation made in the above referred judgments, this Court is of the opinion that no useful purpose will be served in keeping the writ petition pending.
(12) Thus, on the reasons recorded in the aforesaid judgments, this writ petition is finally disposed of with the direction that in case the petitioner possess valid arms license for his fire arms and no written order has been issued by the competent authority against him with the direction to deposit the arms, the petitioner will not be compelled to deposit his fire arms.
(13) However, it shall be open for the opposite parties to proceed in accordance with law on case to case basis, in case, if they feel that continuance of the fire arms with the petitioner shall be detrimental to public peace or law and order."
Thus, the present petition is also disposed off in terms of the order above extracted and on the same terms and conditions. "
4. Considering the aforesaid consensus, the writ petition is disposed of.
5. It is provided that the petitioner shall also be entitled for the benefit of the aforesaid judgement dated 16.12.2022 passed in the case of Ram Rang Jaiswal (supra).
Order Date :- 29.3.2024
Pachhere/MS
