Court No. - 21 Case :- WRIT - C No. - 48065 of 2009 Petitioner :- Munish Kumar Mishra Respondent :- State Of U.P. & Others Petitioner Counsel :- Akhil Kumar Shukla Respondent Counsel :- C.S.C. Hon'ble V.K. Shukla,J.
Petitioner is questioning the validity of order passed by Licensing
Authority dated 13.05.2008 and the order of its affirmance in
appeal dated 09.07.2009 by the appellate authority.
Petitioner had been arrayed as accused in criminal case No.239
of 2005, under Sections 352, 504, 506 and 324 I.P.C. On
account of his complicity in the aforesaid criminal case,
proceedings for cancellation of his firearm licence had been
initiated, for which show cause notice was issued, to which
petitioner submitted his reply and thereafter order of cancellation
was passed on 13.05.2008. Aggrieved, petitioner preferred
appeal. During pendency of said appeal, the petitioner was put
up for trial in said criminal case, wherein by order dated
28.05.2008 passed by competent criminal court, order of
acquittal was passed. The appeal against the order of
cancellation was taken up on 09.07.2009, and the same has
been dismissed. At this juncture, present writ petition has been
filed.
Sri Akhil Kumar Shukla, learned counsel for the petitioner,
contended with vehemence that once criminal case has
terminated into acquittal, the very foundation and basis for
initiation of proceedings for cancellation became non-existent, as
such writ petition deserves to be allowed.
Countering the said submissions, learned standing counsel, on
the other hand, has contended that rightful view has been taken
in the matter and no interference should be made.
After respective arguments have been advanced, factual position
which emerges in the present case is that on account of
complicity of petitioner in criminal case No.239 of 2005, under
Sections 352, 504, 506 and 324 I.P.C. proceedings for
cancellation of firearm licence of the petitioner were initiated and
ultimately, the licence was cancelled, against which petitioner
preferred appeal, and during pendency of appeal, he was put up
for trial in criminal case referred to above, which terminated into
acquittal. Once the order of acquittal has been passed
exonerating the petitioner of the charges, the very foundation and
basis for cancelling the fire arm licence of the petitioner became
non-existent. In such a situation and in this background, there
remains no justification in keeping the order of cancellation in
operation.
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Consequently, writ petition succeeds, and the same is allowed.
The order passed by Licensing Authority dated 13.05.2008 as
affirmed in appeal dated 09.07.2009 by the appellate authority, is
hereby quashed and set aside. In case petitioner has
subsisting valid licence and there is no other legal
impediment, his firearm 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.
Order Date :- 26.7.2010
SRY