Neutral Citation No. - 2025:AHC-LKO:5272 Court No. - 7 Case :- WRIT - C No. - 30913 of 2021 Petitioner :- Alauddin Respondent :- Commissioner Devi Patan Mnadal Gonda And Others Counsel for Petitioner :- Mohd. Waris Farooqui Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard learned Counsel for the petitioner as well as learned Standing Counsel. 2. The present petition has been filed challenging the order dated 01.09.2020, whereby, the arms license of the petitioner was cancelled on account of pendency of one criminal case of Case Crime N.942 of 2016 as well as the order dated 07.01.2021, whereby, the appeal was dismissed. 3. Submission of the Counsel for the petitioner is that a false case was instituted against the petitioner being Case Crime No.942 of 2016, in which a charge-sheet came to be filed under Section 323, 504, 506 IPC read with Section 3(1)(X) of SC/ST Act. The ground taken in the cancellation order was that as per the FIR, the petitioner had allegedly pointed the gun, which according to the licensing authority was in violation of the provisions of the Arms Act. The appellate authority also was of the same view. 4. The submission of the Counsel for the petitioner is that the ground based upon which the cancellation order has been passed, is wholly perverse and this issue has been decided in the case of Man Singh vs Commissioner, Faizabad Mandal Faizabad and another; 2023:AHC-LKO:77846, wherein, this Court had considered the scope of Section 17(3) of the Arms Act and following the judgment in the case of Ram Murti Madhukar vs District Magistrate, Sitapur; 1998 (3) AWC 2191, it has held that mere because of implication in a criminal case, the power of cancellation cannot be used. 5. Following the judgments rendered in the case of Man Singh (Supra) and Ram Murti Madhukar (Supra), both the impugned orders 01.09.2020 and 07.01.2021 are quashed. 6. The arm license of the petitioner shall be restored, if there is no other legal impediment. 7. The writ petition is allowed. Order Date :- 27.1.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench