Court No. - 21 Case :- WRIT - C No. - 4175 of 2010 Petitioner :- Tasleem Ahamad Respondent :- State Of U.P. & Others Petitioner Counsel :- Ashok Kr. Singh 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.
It has been contended on behalf of the petitioner that all the three
criminal cases mentioned in the order dated 05.11.2009 are of the year
2003. In the first case order of acquittal has been passed, in the second
case final report has been filed, though not accepted by the court till
date and third one is non-cognizable report. The petitioner submits that
in between for all these six years, there is no criminal incident on his
accord, and in this background, t6he order proceeding to suspend the
fire arm licence of the petitioner is not justifiable, in view of the
judgment in 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, as
such till the next date of listing operatiion of order dated 05.11.2009 to
the extent it directs suspension of firearm licence of the petitioner shall
be kept in abeyance.
Petitioner will submit his reply to the show cause notice issued in
respect of cancellation of firearm licence and the licensing authority
shall be free to take decision/action in accordance with law.
Order Date :- 28.1.2010