# Ujagar Singh v. Commissioner, Bareilly Division, Bareilly and another

- **Citation:** (2002) 3 ILRA 697
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2002-09-06
- **Case number:** Civil Misc. Writ Petition No. 40394 of 1999
- **Bench:** Anjani Kumar
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/ujagar-singh-v-commissioner-bareilly-division-bareilly-and-another-39973
- **Pages:** 2

## Text

http://www.allahabadhighcourt.nic.in
3 All] Ujagar Singh V. Commissioner, Bareilly Division, Bareilly and another
697
possessing two or more arms licences or
weapons by a person except for sufficient
reasons.

8. It has further been submitted that
the petitioner has been in possession of
the pistol all throughout till date but no
untoward incident has been reported nor
any charge has been levelled against the
petitioner with regard to misuse of the
arms possessed by him.

9.

Having
considered
the
submissions of learned counsel for the
parties and having perused the record, I
am of the view that the impugned order
dated 5.5.1992 of the District Magistrate
deserves to be quashed. The District
Magistrate,
Fatehpur
is
directed
to
reconsider the case of the petitioner for
grant of a pistol licence and to pass
appropriate orders on the application of
the petitioner in the light of the directions
given and observations made above. It is
further directed that the petitioner shall
not be required to deposit his pistol till the
District
Magistrate
decides
his
application.

10. With the aforesaid observations
and directions, the writ petition is allowed
but without any order as to costs.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD: 6.9.2002

BEFORE
THE HON'BLE ANJANI KUMAR, J.

Civil Misc. Writ Petition No. 40394 of 1999

Ujagar Singh

...Petitioner
Versus
Commissioner, Bareilly Division, Bareilly
and another

 ...Respondents

Counsel for the Petitioner:
Sri V.K. Dixit

Counsel for the Respondents:
S.C.

Arms Act- Cancellation of Gun licence-
on alleged involvement in criminal case
u/s 307 IPC and SC/ST Act. During
pendency of writ petition- petitioner got
fair
acquittal-
No
grounds
for
cancellation
of
fire
arms
exist-
cancellation order quashed.

Held- Para 3

A perusal of the orders passed by the
licensing authority as well as by the
appellate authority clearly demonstrate
that since the petitioner was involved in
a criminal case under Section 307 IPC
and
SC/ST
Act,
which
has
been
registered as case crime no. 294 of 1996,
his license has been registered as case
crime no. 294 of 1996, his license has
been cancelled. Learned counsel for the
petitioner has filed a supplementary
affidavit, wherein he has annexed a
certified copy of the judgment and order
dated 7.11.2001 as Annexure SA 1,
passed in Sessions Trial No. 677 of 1998
out of case crime no. 294 of 1996. A bare
reading of the aforesaid judgment would
make it clear that the petitioner has
been acquitted of the charges, which
have been leveled against him. In this
view of the matter, now there is no
http://www.allahabadhighcourt.nic.in
698 INDIAN LAW REPORTS ALLAHABAD SERIES [2002
material on the basis of which the
petitioner's firearm licence may continue
for revocation and also there is no
ground is existence to continue for
revocation of the petitioner's fire arm
licence. In this view of the matter, the
orders passed by the licensing authority
as
well
as
the
appellate
authority
deserve to be quashed and are hereby
quashed.

(Delivered by Hon'ble Anjani Kumar, J.)

1. By means of the present writ
petition
under
Article
226
of
the
Constitution of India, petitioner has
challenged the order passed by the
licensing authority under the provisions of
the Arms Act, whereby the licensing
authority has cancelled the fire arm
license of the petitioner and on appeal, the
appellate authority met with the same fate
and that is why this writ petition.

2. Heard learned counsel appearing
on behalf of the petitioner and the learned
Standing
Counsel
representing
the
respondents.

3. A perusal of the orders passed by
the licensing authority as well as by the
appellate authority clearly demonstrate
that since the petitioner was involved in a
criminal case under section 307 IPC and
SC/ST Act, which has been registered as
case crime no. 294 of 1996, his license
has been cancelled. Learned counsel for
the petitioner has filed a supplementary
affidavit, wherein he has annexed a
certified copy of the judgment and order
dated 7.11.2001 as Annexure SA-1,
passed in Sessions Trial No. 677 of 1998,
out of Case crime no. 294 of 1996. A bare
reading of the aforesaid judgment would
make it clear that the petitioner has been
acquitted of the charges, which have been
levelled against him. In this view of the
matter, now there is no material on the
basis of which the petitioner's fire arm
licence may continue for revocation and
also there is no ground in existence to
continue for revocation and also there is
no ground in existence to continue for
revocation of the petitioner's fire arm
licence. In this view of the matter, the
orders passed by the licensing authority as
well as the appellate authority deserve to
be quashed and are hereby quashed.

4. In view of what has been stated
above, this writ petition is allowed. The
impugned orders dated 27.12.1997 and
7.7.1999 passed by Respondents 2 and 1,
respectively (annexure 2 and 1 to the writ
petition) are hereby quashed. In case the
petitioner's gun has been deposited
pursuance to the cancellation of his
licence, the same may be returned
immediately to the petitioner. Needless to
say that the petitioner is entitled for
renewal of his licence. However, on the
facts and circumstances of the case, the
parties shall bear their own costs.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 4.9.2002

BEFORE
THE HON'BLE S.P. MEHROTRA, J.

Civil Misc. Writ Petition No. 36875 of 2002

Ram Pal Singh

...Petitioner
Versus
Sachiv, Garavpur Kisan Sewa Sahakari
Samiti and others
 ...Respondents

Counsel for the Petitioner:
Sri Rajiv Gupta

Counsel for the Respondents:
S.C.