Allahabad High Court
Ashiq Ali vs Commissioner Moradabad Division And ... on 20 October, 2020
Author: Ashwani Kumar Mishra
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - C No. - 27648 of 2015 Petitioner :- Ashiq Ali Respondent :- Commissioner Moradabad Division And Another Counsel for Petitioner :- Sanjay Kumar,Phool Chandra Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J.
Firearm licence issued to petitioner has been cancelled by the District Magistrate vide his order dated 23.10.2013 and the appeal filed against such order has also been dismissed on 20.3.2015. Aggrieved by these two orders petitioner is before this Court.
Although a counter affidavit was called in the year 2015 but no counter affidavit has been filed. A supplementary affidavit has been filed annexing the order passed by the Additional District & Sessions Judge (FTC)-2nd, Amroha, dated 6.11.2018, whereby the accused persons including petitioner have been acquitted of the charges levelled against them. It is contended that the pendency of Case Crime No.2 of 2013 was the only basis for cancellation of firearm licence, and once petitioner has been acquitted in that case there exists no material on the basis of which such cancellation order could be sustained. The certified copy of the acquittal order dated 6.11.2018 is on record of the present proceedings.
This Court is of the view that since the only basis for cancellation of firearm licence has ceased to exist in law i.e the petitioner's implication in the criminal case, as such the cancellation of firearm licence cannot be sustained. Orders impugned dated 20.3.2015 and 23.10.2013, accordingly, stands quashed. It shall, however, be open for the District Magistrate to proceed afresh, in the event any subsequent material surfaces against the petitioner, in accordance with law.
Writ petition, accordingly, stands disposed of.
Order Date :- 20.10.2020 Anil