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2025 DAILYLAW 45024 (ALL)

PRIYAPAL v. STATE OF U.P. AND 2 OTHERS

WRIC/10915/2024 · 2025-05-16

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82770 Court No. - 33 Case :- WRIT - C No. - 10915 of 2024 Petitioner :- Priyapal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Kumar Singh 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 18.04.2022 passed by the respondent no.2-Commissioner Meerut Division, Meerut in Case No. 1000 of 2021 (Priyapal Versus State of U.P.) and order dated 14.07.2021 passed by the respondent no.3-District Magistrate, Hapur in Case No. 00165 of 2021 (State of U.P. Versus Priyapal). 2. Aggrieved against the order dated 14.07.2021 passed by the respondent no.3-District Magistrate, Hapur, petitioner preferred an appeal, which was also rejected by respondent no.2- Commissioiner Meerut Division, Meerut vide order dated 18.04.2022. 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. 68 of 2014 under Sections 147,148,149, 353, 333, 336, 307, 341, 186, 188 of I.P.C. and Section 7 Criminal Law Amendment Act, Police Station Babugarh, District Hapur is pending against the petitioner. 4. It is stated by the learned counsel for the petitioner in para no. 20 of the writ petition that mere pendency of the criminal case or with the apprehension that the petitioner may be involved in future in any other criminal case cannot be a ground for cancellation of the firearms license under the Arms Act, 1959. 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 except one criminal case pending, 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 14.07.2021 passed by the District Magistrate/Licensing Authority, Hapur and order dated 18.04.2022 passed by Commissioner Meerut Division, Meerut are hereby set aside. The District Magistrate/Licensing Authority, Hapur 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 Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad