WPMS/1715/2018
2021 Latest Caselaw 2316 UK

IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
           ON THE 8TH DAY OF JULY, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 1715 of 2018

BETWEEN:

Shaukin.                                        ...Petitioner
     (By Mr. Pawan Mishra, Advocate)

AND:
State of Uttarakhand.                        ....Respondent
     (By Mr. T.S. Phartiyal, Additional C.S.C. for the State of
     Uttarakhand)


                      JUDGMENT

Petitioner was having an Arms License. His Arms License was cancelled by District Magistrate, Haridwar vide order dated 18.01.2018 on the ground that a criminal case is pending against him. Against the cancellation order, petitioner filed an Appeal, which was registered as Appeal No. 10/2017-18. The said Appeal was dismissed by Commissioner, Garhwal Division vide order dated 10.05.2018 on the ground that there is delay of 17 days in filing the Appeal. Thus, feeling aggrieved, petitioner has approached this Court challenging both orders.

2. It is a fact that the petitioner is facing criminal trial in respect of offence punishable under Section 307 I.P.C.

3. Learned counsel for the petitioner submits that the complainant has not named the petitioner in his deposition made before the trial Court. However, the fact of the matter is that petitioner is yet to be acquitted.

4. Having regard to the aforesaid facts & circumstances of the case, this Court does not find any reason to interfere with the impugned orders.

5. Accordingly, the writ petition fails and is dismissed.

6. However, petitioner shall be at liberty to apply for grant of fresh Arms License as & when he is acquitted in the trial. It is made clear that order of cancellation passed by District Magistrate will not come in the way while considering petitioner's application for grant of fresh Arms License.

(MANOJ KUMAR TIWARI, J.) Arpan