Court No. - 21 Case :- WRIT - C No. - 44473 of 2010 Petitioner :- Sunil Singh Respondent :- State Of U.P. And Others Petitioner Counsel :- Rajeev Kumar Singh Respondent Counsel :- C.S.C. Hon'ble V.K. Shukla,J.
Learned Standing Counsel has accepted notice on behalf of the respondent
nos. 1 to 3.
He is granted eight weeks time to file counter affidavit. Rejoinder affidavit
may be filed within four weeks thereafter.
List after twelve weeks.
It has been contended on behalf of the petitioner that in the present case for
loss of pistol, first information report has been lodged against brother-in-law
and an another unknown person by the petitioner. Thereafter on political
pressure being exerted, and based on the same proceeding under Section 30 of
the Arms Act has been initiated for cancellation of licence. Petitioner submits
that, even if, said first information report has been lodged against the
petitioner, same has no effect of effecting public peace and public tranquility
and cancellation proceedings of fire arm are an out come of the malice and
during the pendency of the cancellation proceedings, order of suspension
pending inquiry could not have been passed in view of judgement in the case
of C.P. Sahu Vs. State of U.P. and others reported in 1984 AWC 145 and
judgement in the case of Nagroo Ram Vs. state of U.P. and others reported
in 2000 (Suppl. ) ACC 834 (HC. LB)
Prima facie arguments advanced, appears to have some substance,
consequently, till the next date of listing, operation of the order dated
22.7.2010 to the extent it suspends fir arm licence of petitioner be kept in
abeyance shall be kept in abeyance. However, petitioner should submit his
reply before the authority concern and authority concern would be free to
consider the reply so submitted by the petitioner in respect of cancellation
proceeding.
Order Date :- 30.7.2010
T.S.