INDRAJEET SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The issue for consideration in this writ petition is:-

(2.) P.K. Upadhyay, learned counsel for the petitioner has submitted that since subsequently there was an acquittal in the criminal case, the basis of the notice for cancellation of arms licence itself disappears, therefore, the nature or manner of the acquittal was immaterial and consequently the order of cancellation of arms licence ought not to have passed. In support of his submission he has relied upon following judgments, Ram Murat Vs. State of U.P. and others, 2002 (2) AWC 1079, Virendra Singh Vs. Station Officer, P.S. Kabrai and others, 2002 (2) AWC 1080, Anil Kumr Singh Vs. District Magistrate, Pratapgarh and others, Writ Petition No;878 of 1979 decided on September 22, 1994, Lalji Vs. Commissioner, Kanpur and another, 1999 (4) A.W.C. 2952 , Raj Bahadur Singh Vs. State of U.P. and others, 2009 (3) AWC 2130.

(3.) In the present case, the licensing authority had taken note of nature of acquittal i.e. petitioner was granted benefit of doubt and considered that licensed arm was used in occurrence and injured remained under medical treatment, therefore, cancelled the fire arm licence as it deemed necessary for security of public peace and for public order.