Court No. - 21 Case :- WRIT - C No. - 44308 of 2010 Petitioner :- Arun Kumar Respondent :- State Of U.P. And Others Petitioner Counsel :- G.P. Shukla Respondent Counsel :- C.S.C. Hon'ble V.K. Shukla,J.
Learned standing counsel has accepted notice on behalf of
respondents. He prays for and is granted eight weeks’ time to file
counter affidavit. Rejoinder affidavit may be filed within next four
weeks.
List thereafter.
It has been contended on behalf of the petitioner that in the
present case on account of complicity of petitioner in case crime
No.331 of 2009, after investigation charge sheet has been filed
on 22.07.2009, wherein at no point of time any evidence has
come that any attempt or endeavour has been made by the
petitioner to tampter with the prosecution witnesses, as there is
no complaint in writing in this regard. Petitioner submits that in
such a situation and in this background, based on the said
criminal case while initiating proceedings for cancellation,
simultanouesly order of suspension of the firearm licence could
not have been passed in view of the decision of this Court in the
case of C.P. Sahu v.State of U.P. and others, 1986 All. L.J.
328.
Prima facie the argument advanced appears to have some
substance and same requires consideration by this Court, as
such till the next date of listing operation of order dated
14.06.2010 in so far as it directs suspension of firearm licence of
the petitioner shall be kept in abeyance. However, in compliance
of the said order, petitioner should file his reply before the
licensing authority and the licensing authority will be free to take
decision, in accordance with law.
Order Date :- 30.7.2010
SRY