PRADEEP KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) The present writ petition has been filed for quashing of the impugned order dated 2nd March, 2016 passed by the State Government. A mandamus is also sought for restraining the respondents from prosecuting the petitioner in pursuance of the alleged investigation carried out by the CBCID.

(2.) Brief facts of the case is that in the year 2010, the petitioner was posted as Additional District Magistrate (City), Allahabad and he was exercising the power of Prescribed Authority under Section 17 of the Arms Act. As such, the petitioner issued a notice for cancellation of two firearm licenses, namely, revolver bearing licence no.551 of 1983 and rifle bearing licence no1205 belonging to one Ram Kishore Yadav. It is alleged that on 6.4.2010, an order was passed by the petitioner that "arguments have been concluded and licences have been cancelled" which was also found on the order sheet of case no.56 of 2010 and 57 of 2010, but thereafter the matter was again posted on 13.4.2010 "For Orders" and the same was kept pending for a long time. On 27.5.2011, the said arms licences of Ram Kishore Yadav were restored by the petitioner in a collusive manner though the licences of the said two arms were cancelled by him on 6.4.2010.

(3.) One Vinay Kumar, who was alleged to be a stranger to the proceeding and was not a licensee of the said firearms, filed a Writ Petition No.40817 of 2011 (Vinay Kumar Vs. State of U.P. and others) before this Court challenging the order dated 27.5.2011 passed by the petitioner initiated under the Arms Act against Ram Kishore Yadav, the licensee, and a plea of locus - standi was also raised by Ram Kishore Yadav before Writ Court, which dismissed the said writ petition vide order dated 14.10.2011 on the ground of non -maintainability of the petition at the instance of Vinay Kumar, but suo -motu taking into account the allegation levelled against the petitioner, ordered the State Government to make proper inquiry in the matter and the circumstances in which the order dated 27.5.2011 was passed by him and further directed the Chief Secretary, U.P. Government to enquire the matter either through Vigilance Establishment or through CBCID and submit report by 16.1.2012.