SURESH SINGH YADAV Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Ajay Kumar, Advocate, holding brief of Shri P. S. Yadav, learned counsel for the petitioner, Shri Vijay Shankar along-with Shri A. P. Tripathi, learned Standing Counsel for the respondent-State.

(2.) By means of present petition, petitioner is seeking for quashing of the order dtd. 5/4/2021 passed by the respondent no.2-District Magistrate, Fatehpur in Case No.00743 of 2021 under Sec. 17(3) of the Arms Act (State Vs. Suresh Singh Yadav) and order dtd. 14/7/2021 passed in Appeal No.00425/2021 under Sec. 18 of the Arms Act by the respondent no.3 namely Commissioner, Prayagraj Division, Prayagraj, P.S. Hathgaon, District Fatehpur.

(3.) Learned counsel for the petitioner submits that only ground for cancellation of armed license no.2579/DM (F)/Police Station Hathgaon, District Fatehpur NP Bore Rifle No.AB02- 8281 is that three criminal cases has been registered against the petitioner namely Case Crime No.236 of 2017, under Sec. 3/7 Essential Commodity Act, 1955 and Case Crime No.237 of 2017, under Sec. 3/25 Arms Act and N.C.R.No.21 of 2018, under Sec. 323, 504 IPC. He further submits that there is no material on record to show that armed license granted to the petitioner has been misused or there is any danger to public safety except the allegations that criminal cases are pending against him. It is further argued that license can only be cancelled only to reasons assigned to Sec. (3) of Sec. 17 of the Arms Act, 1959.