LAWS(ALL)-2023-11-40

VINOD KUMAR Vs. STATE OF U.P.

Decided On November 23, 2023
VINOD KUMAR Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Standing Counsel for the respondent-State.

(2.) By means of present petition, petitioner is seeking for quashing of the order dated16.08.2014 passed by the respondent no.3-District Magistrate Sonbhadra in Case No.09 of 2003 (State Vs. Vinod Kumar under Sec. 17(3) of the Arms Act and order dtd. 7/3/2015 passed by the respondent No.2/Commissioner Vindhyachal Mandal Mirzapur in Appeal No.D201516000075 of 2014 (Vinod Kumar Vs. State of U.P.) under Sec. 18 of the Arms Act

(3.) Learned counsel for the petitioner submits that only ground for cancellation of armed license no146TGS Dudhi of Revlover No.J7801 is that only one criminal case has been registered against the petitioner namely Case Crime No.325 of 2009 under Sec. 29/30 of Arms Act and Police Station Dudhi, Sonbhadra and the same is pending. 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. Learned counsel for the petitioner argued that his case is squarely cover with the judgement delivered by this Court on 14/11/2022 in the case of Suresh Singh Vs. State of U.P. and others (Writ C No.19871 of 2021).