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2025 DAILYLAW 40578 (ALL)

TAPESH BHARDWAJ v. STATE OF U.P. AND 2 OTHERS

WRIC/29374/2019 · 2025-05-16

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82719 Court No. - 33 Case :- WRIT - C No. - 29374 of 2019 Petitioner :- Tapesh Bhardwaj Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Punya Sheel Pandey Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Present writ petition has been filed by the petitioner inter-alia with the prayer to quash the order dated 20.04.2019 passed by the respondent no.2-Commissioner Agra Division, Agra in Appeal No. 00131/2006, Computerized No C200601000000131 (Tapesh Bhardwaj Versus State of U.P.), under Section 18 of the Indian Arms Act, 1959 and impugned order dated 12.05.2006 passed by the respondent no.3-District Magistrate, Aligarh in Case No. 127 (State GVersus Tapesh Bhardwaj), under Section 17 of Indian Arms Act, 1959 2. Aggrieved against the order dated 12.05.2006 passed by the respondent no.3-District Magistrate, Aligarh, petitioner preferred an appeal, which was also rejected by respondent no.2- Commissioiner Agra Division, Agra vide order dated 20.04.2019. Aggrieved against the aforesaid, petitioner has preferred the present writ petition. 3. It is argued by the learned counsel for the petitioner that firearms license of the petitioner was cancelled only on the ground that Case Crime No. 288 of 2004, under Sections 147, 148, 149, 307 I.P.C. and 7 Criminal Law Amendment Act, Case Crime No. 289 of 2004 under Sections 147, 148, 149, 307 I.P.C. and Case Crime No. 290 of 2004, under Sections 147,148, 149 and 307 I.C.P. were pending against the petitioner. 4. It is stated in para no. 11 of the writ petition that aforesaid cases have already been decided in accordance with law vide order dated 15.09.2009 passed by Additional Session Judge, Court No. 9, District Aligarh, copy of which is filed as Annexure-3 to the writ petition. 5. In this view of the matter, it is argued by the learned counsel for the petitioner that as on date, there is no material available against the petitioner on account of which firearm license was cancelled, hence the impugned orders are liable to be set aside. 6. Heard learned counsel for the petitioner, learned Standing Counsel appearing on behalf of the State-respondents and perused the record. 7.Considering the facts and circumstances of the case and also in the interest of justice, order dated 12.05.2006 passed by the District Magistrate, Aligarh and order dated 20.04.2019 passed by Commissioner Agra Division, Agra are hereby set aside. The District Magistrate, Aligarh is directed to pass fresh order in accordance with law. 8. With the above observations, the present writ petition is allowed. Order Date :- 17.5.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad