Allahabad High Court
Mohd. Tarik @ Guddu S/O Sri Munna @ Mohd. ... vs The Commissioner, Allahabad Division, ... on 6 December, 2007
Author: Rakesh Tiwari
Bench: Rakesh Tiwari
JUDGMENT Rakesh Tiwari, J.
1. Heard counsel for the parties and perused the record.
This writ petition has been filed for quashing the impugned orders dated 13.10.2003 and 31.3.2000 passed by Commissioner, Allahabad Division, Allahabad as well as A.D.M. (City), Allahabad respectively.
2. The petitioner is holder of arm licence of SBBL gun No. BE 501 and licence No. 981. The gun licence of the petitioner was cancelled by the District Magistrate, Allahabad vide order dated 31.3.2000 on the ground that he had obtained licence showing his residence at M.I. No. 127 Kasari Masari, P.S. Dhoomanganj, Allahabad whereas he was the permanent resident of Mau Aima, P.S. Mau Aima, Allahabad and that a criminal case under Sections 323/506 IPC was registered against the petitioner at P.S. Mau Aima in 1992.
3. The appeal filed by the petitioner against the cancellation order dated 31.3.2000 before the Commissioner, Allahabad Division, Allahabad too was dismissed vide order dated 13.10.2003, hence this writ petition.
4. The counsel for the petitioner submits that the order dated 13.10.2003 of the Commissioner, Allahabad Division, Allahabad dismissing the appeal of the petitioner has been passed without application of mind; and that the petitioner is a law abiding person and he has never committed any offence nor he has any criminal history but the Additional District Magistrate has cancelled his arms licence only on the basis of a criminal case under Sections 323/506 IPC registered against the petitioner.
5. The Standing counsel for the respondents submits that the petitioner has obtained arms licence by concealing material fact regarding his permanent residence of Mau Aima where he he had committed offence under Sections 323 and 506 IPC.
6. He also submits that in the circumstances both the authorities have rightly cancelled the arms licence of the petitioner and there is no illegality or infirmity in the impugned orders, hence no interference is required by this Court under Article 226 of the Constitution.
7. It appears from the record that the petitioner has obtained arms licence showing his residence at MI-127 Kasari Masari, Dhoomanganj whereas he is the permanent resident of Mau Aima, P.S. Mau Aima.
8. It also appears from the record that a criminal case under Sections 323 and 506 IPC was registered against the petitioner at P.S. Mau Aima. Had he applied for the arms licence from Mau Aima , he would not have been granted arms licence on account of registration of a criminal case against him. Concealing the aforesaid fact he has applied for arms licence showing his residence at House No. 127 Kasari Masari, Allahabad.
9. A number of criminals are applying for licence from different police stations by concealment of the permanent address or to avoid report on enquiry in their antecedents from police station where criminal cases against them are pending.
10. Normally witnesses are not available for the terror they wield in the society, hence this state of affairs has to be checked by the authorities and the police so that firearms are not carried by such notorious persons.
11. In my opinion, the arms licence of the petitioner has rightly been cancelled by the authority concerned for non-disclosure of correct information required for issuance of licence for firearms. There is no illegality or infirmity in the impugned orders.
For the reasons stated above, the writ petition is dismissed.
No order as to costs.