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2025 DAILYLAW 116600 (ALL)

SHIVAM AWASTHI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

/307/2025 · 2025-01-27

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5130 Court No. - 7 Case :- WRIT - C No. - 307 of 2025 Petitioner :- Shivam Awasthi Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Mahendra Kumar Dwivedi,Prem Shankar Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner as well as learned Standing Counsel and perused the record. 2. The present petition has been filed challenging the order dated 05.10.2024, whereby the application for grant of arms licence was rejected mainly on the ground that application filed was unfilled in various columns. 3. Learned counsel for the petitioner argues that his application is on record as Annexure no.4, wherein all the columns were filled. 4. Learned counsel for the petitioner has placed reliance on the judgement of the Patna High Court passed in the case of Manish Kumar and Others vs. The State of Bihar, (2015) 08 PAT CK 0107, wherein the court held that there is no requirement to plead in the application that there was eminent danger to the life, which is the ground of refusal, which is bad in law. He also places reliance on the judgement in the case of Sundram Tiwari @ Sundram Kumar Vs. The State of Bihar & others, wherein similar view as taken. 5. Learned Standing Counsel has produced the original record, which contains application signed by the petitioner and which is blank in the columns as indicated in the impugned order. 6. On perusal of the original record, this Court is no reason to disbelieve the same. As such the petition is dismissed. 7. In the present case, application has been rejected on account of the form being unfulfilled, thus the judgements cannot in the benefit of the petitioner. 8. The petitioner may apply for fresh licence, if so advised. Order Date :- 27.1.2025/Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench