MOHAMMAD ARSHAD Vs. COMMISSIONER

JUDGEMENT

(1.) Heard Mohd. Aslam Khan, learned counsel for the petitioner and Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel for the respondents.

(2.) The petitioner is before this Court assailing the order dated 11.9.2015 passed by the second respondent i.e. District Magistrate, Bijnor and the order dated 07.10.2016 passed by the first respondent i.e. Commissioner, Moradabad Division, Moradabad.

(3.) Learned counsel for the petitioner submits that the petitioner's firearm licence was cancelled by District Magistrate, Bijnor vide order dated 11.9.2015 on the ground that a criminal case, being Case Crime No.674 of 2013 under Sections 376, 506 IPC, Police Station Kotwali, Chandpur, District Bijnor, has been registered against him. Aggrieved with the aforesaid order the petitioner filed a statutory appeal, which was also rejected by the Commissioner of the Division on 07.10.2016. It is submitted that the petitioner has already been acquitted in the aforesaid criminal case registered against him vide judgment and order dated 11.6.2018 passed by the Additional Sessions Judge/Fast Track Court No.1, Bijnor in Sessions Trial No.404/2017 (State vs. Mohd. Arshad) arising out of Case Crime No.674/2013 under Sections 376, 506 IPC, Police Station Chandpur, District Bijnor. Once the petitioner has been acquitted in the aforesaid criminal case, then it was incumbent upon the licencing authority to appreciate the correct facts taking into consideration that thereafter the petitioner has never been implicated in any criminal activity. In view of the fact, that the petitioner has been acquitted in the aforesaid criminal case lodged against him, the very basis of the order of cancellation no more survives.