Court N0. 21
Civil Misc. Writ Petition No. 9088 of 2009
Mannvar
Versus
State of U.P. and others
Hon'ble V.K.Shukla,J.
Present writ petition in question has been filed by petitioner
questioning the validity of the order wherein his fair arm license has been
cancelled and said order has been affirmed in appeal.
Brief background of the case is that petitioner is licensee of Rifle.
Petitioner’s contention has been that on 24.06.2007 he alongwith his
brother and father came to Saharanpur and he suffered from Diaria and got
himself admitted and asked his brother and father to carry his rifle home.
Petitioner contention has been that when his brother and father were en
route of their village, checking was done and at the said point of time as
valid license has not been produced case under Section 25/27 of Indian
Arms Act and 3/18/207 Motor Vehicle Act being case crime no. 247 of 2007
has been lodged. Petitioner submits that immediately thereafter an
application has been moved apprising authorities all these facts. Petitioner
submits that on 19.07.2007 his fire arm was released and thereafter on
29.09.2008 order of cancellation was passed. Petitioner preferred appeal
and same has also been dismissed.
Counsel for the petitioner Sri Irfan Chaudhary, contended with
vehemence that in the present case on account pendency of the criminal
case fire arm license could not have been cancelled as has been done in the
present case specially when on admitted position petitioner has no criminal
history and in no way public peace and public order has ever been effected.
Learned Standing counsel on the other hand contended that rightful
action has been taken and no interference should be.
After respective arguments have been advanced factual position
which is emerging in the present case is that checking was conducted on
24.06.2007 and therein petitioner’s father and brother were caught carrying
fire arm without having any valid license and in the said direction first
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information has been lodged and Challan has been made under the
provision of Indian Arms Act as well as Motor Vehicle Act and said matter is
pending for trial. Show cause notice was issued to petitioner and petitioner
submitted his reply giving therein reason as to under what circumstance
said fire arm was being carried by his brother. Licensing Authority has
proceeded to mention that fire arm has been given in wrongful manner, as
such it is not proper that said fair arm should be retained with petitioner
and specially when criminal case is pending. Law on the subject is settled
that mere pendency of criminal case is not good ground to pass order of
cancellation. Until or unless said criminal case which has been pending same
effects public peace and public order also. In the present case petitioner is
not accused in criminal case and nothing unusual has been noted as to in
what way and manner public peace and public order will be effected in any
manner whatsoever in the event of license not being cancelled. In this
background pre-requisite ground which has been mentioned under Section
17 of Indian Arms Act for revocation are not in existent, as such such order
passed cannot be subscribed.
Consequently order 03.12.2008 passed by Commissioner, Saharanpur
Region Saharanpur and the order dated 29.09.2008 passed by Licensing
Authority are hereby quashed and set aside. Writ petition is allowed. In
case petitioner has subsisting valid licence and there is no other legal
impediment his fire arm be returned to him forthwith, and in case the same
has lapsed, the petitioner shall take proceedings for renewal and the return
of the fire arm would abide by renewal proceedings.
Dated 02.04.2010
Dhruv