Allahabad High Court High Court

Belal Ahamad vs State Of U.P. And Others on 26 July, 2010

Allahabad High Court
Belal Ahamad vs State Of U.P. And Others on 26 July, 2010
Court No. - 21

Case :- WRIT - C No. - 41732 of 2010

Petitioner :- Belal Ahamad
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Chandra Kumar Rai
Respondent Counsel :- C.S.C.

Hon'ble V.K. Shukla,J.

Supplementary affidavit today, same be accepted and taken on record.

Learned Standing Counsel is accorded six weeks time to file counter
affidavit. Rejoinder affidavit may be filed within two weeks thereafter.

List after eight weeks.

It has been contended on behalf of the petitioner that in the present
case that there was cross cases registered inter se parties and six
cross cases at no point of time effected the public peace and public
tempo, as there was no repeatation of criminal history. Petitioner
submits that in view of the judgment of this Court in the case of C.P.
Sahu vs. State of U.P. and others, 1986, All. L.J.328, such
proceeding is not justifiable.

Prima facie, the argument advanced appears to have some substance
and the same requires adjudication by this Court, as such till the next
date of listing operation of order dated 24.11.2004 to the extent it
directs suspension of petitioner’s fire arm licence shall be kept in
abeyance.

Petitioner will submit his reply to show cause notice in respect of
cancellation of firearm licence, and the licensing authority shall be free
to take decision in accordance with law.

Order Date :- 26.7.2010
T.S.