Court No. - 21 Case :- WRIT - C No. - 44600 of 2010 Petitioner :- Arvind Tiwari Respondent :- State Of U.P. And Others Petitioner Counsel :- R.K. Shukla Respondent Counsel :- C.S.C. Hon'ble V.K. Shukla,J.
In the present case, petitioner had been firearm licensee. His licence
had been suspended on account of his complicity in case crime
No.137 of 2006, under Sections 279, 323, 342, 447 and 506 I.P.C.,
wherein allegations were that the petitioner along with his
accomplishes had taken the complainant as hostage, had beaten him,
samadhi of his father had been broken and further witnesses were
threatened by the petitioner. Not only this, but as a preventive
measure, proceedings under Section 107/116 Cr.P.C. had also been
undertaken against him. On initiation of proceedings, petitioner
submitted his reply. The licensing authority in his wisdom has
proceeded to pass order that firearm licence of the petitioner shall
remain suspended till he is exonerated of the charges in the aforesaid
criminal case. Appeal filed against the said order has been dismissed.
At this juncture, present writ petition has been filed.
Learned counsel for the petitioner, Sri R.K. Shukla, Advocate,
contended with vehemence that in the present case, unnecessarily,
the criminal case in question has been made foundation and basis for
passing order of suspension, whereas in the facts and circumstances
of the case, said authority ought not to have been exercised, as such
writ petition deserves to be allowed.
Learned standing counsel, on the other hand, has contended that
seeing the nature of allegations levelled against the petitioner that he
along with his accomplishes had taken the complainant as hostage,
had beaten him, samadhi of his father had been broken and further
witnesses were threatened by the petitioner, conscious decision has
been taken, as such no interference should be made.
After respective arguments have been advanced, factual position,
which emerges in the presemt case, is that firearm licence of the
petitioner had been cancelled on account of his complicity in case
crime No.137 of 2006, under Sections 279, 323, 342, 447 and 506
I.P.C. In the said case, police after investigation has submitted charge
sheet and the matter is awaiting trial. Seeing the gravity of allegations
levelled against the petitioner that he along with his accomplishes had
taken the complainant as hostage, had beaten him with bud of the
gun, samadhi of his father had been broken and further witnesses
were threatened by the petitioner, the licensing authority was of the
view that public peace and public safety would be adversly affected in
case petitioner was allowed to retain the firearm with him, and thought
it proper to pass the impugned order. Once order conscious decision
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has been taken by the licensing authority and that order has been
made effective till the petitioner is exonerated of the charges, this
Court refuses to interfere with such order.
Consequently, present writ petition is dismissed.
Order Date :- 30.7.2010
SRY