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2025 DAILYLAW 40879 (ALL)

NIRBHAN SINGH v. STATE OF U P AND 2 OTHERS

WRIC/27364/2022 · 2025-05-04

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71679 Court No. - 33 Case :- WRIT - C No. - 27364 of 2022 Petitioner :- Nirbhan Singh Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Ramendra Kumar Shukla Counsel for Respondent :- CSC Hon'ble Prakash Padia,J. 1. Present writ petition has been filed by the petitioner inter-alia with the prayer to quash the impugned order dated 17.12.2003 passed by the respondent no.2-Commissioner Bareilly Division, Bareilly in Appeal No. 29 of 2002-2003 (Nirbhan Singh Versus State of U.P.) under Section 18 Arms Act as well as order dated 09.12.2002 passed by the respondent no.3-District Magistrate, Bareilly in Case No. 02 of 1978 (State Versus Nirbhan Singh), under Section 17 Arms Act. 2. It is argued by the learned counsel for the petitioner that order dated 09.12.2002 passed by the respondent no.3-District Magistrate, Bareilly, by which the fire arms licence of the petitioner was cancelled on the ground that Case Crime No. 04 of 2002, under Section 307,324 I.P.C. is pending. It is further argued that appeal filed against the aforesaid order was also rejected by the respondent no.3-Commissioner Bareilly Division, Bareilly. 3. It is stated in para no. 4 of the rejoinder affidavit that petitioner has been acquitted in the aforesaid case crime vide order dated 27.11.2004, hence the aforesaid orders are liable to be set aside. 4. Heard learned counsel for the petitioner, learned Standing Counsel appearing on behalf of the State-respondents and perused the record. 5. From the perusal of record, it reveals that petitioner has been acquitted in the aforesaid case crime vide order dated 27.11.2004. 6. In the facts and circumstances of the case and also in the interest of justice, order dated 17.12.2003 passed by the respondent no.2- Commissioner Bareilly Division, Bareilly as well as order dated 09.12.2002 passed by the respondent no.3-District Magistrate, Bareilly are hereby set aside. The respondent no.3-District Magistrate, Bareilly is directed to pass a fresh order strictly in accordance with law, preferably within a period of two months from the date of production of certified copy of this order. 7. With the aforesaid observations/direction, the present writ petition is allowed. Order Date :- 5.5.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad