BAL KUMAR PATEL Vs. STATE OF U.P

JUDGEMENT

(1.) Leave Granted.

(2.) The appellant seeks leave to appeals under Article 136 of the Constitution of India to challenge the following judgments and orders whereby the High Court of Judicature at Allahabad has declined to exercise its jurisdiction under Sec. 482 Code of Criminal Procedure, 1973[Hereinafter referred to as 'CrPC']/528 Bharatiya Nagarik Suraksha Sanhita, 2023[Hereinafter referred to as "BNSS"] and quash the criminal proceeding against him, on the common ground that the permission as required under law, to withdraw prosecution against sitting/former Members of Parliament or Members of Legislative Assembly, has not been sought by the State from the High Court as mandated by Ashwini Kumar Upadhyay v. Union of India[2021(20) SCC 599]. <IMG>JUDGEMENT_7_LAWS(SC)12_2025_1.jpg</IMG>

(3.) Since the question involved in these appeals is a question of law, it may suffice to note by way of background facts that the appellant was the holder of an arms license issued by the competent authority of the State, but the common FIR from which all these proceedings arise came to be filed against him on 12/6/2007, with the allegation that in holding the arms license, he had acted against the provisions of the Arms Act 1959. It is also required to be noted as a matter of subsequent development that the District Magistrate, Raebareli had vide order dtd. 11/7/2012 restored the Arms license which originally stood cancelled by order dtd. 24/12/2009 passed in Case No.35/2012/113/26/09 under Sec. 17(3)(b) of the Arms Act.