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2025 DAILYLAW 45599 (ALL)

GARAD YADAV v. STATE OF U.P. AND 2 OTHERS

WRIC/12096/2025 · 2025-04-22

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61133 Court No. - 33 Case :- WRIT - C No. - 12096 of 2025 Petitioner :- Garad Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kedar Nath Mishra,Sugendra Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. The order dated 26.06.2023 passed by the respondent No.3/District Magistrate, Gorakhpur by which the firearm license was cancelled is under challenge in the present petition. 2. It is argued by learned counsel for the petitioner that notice/order under section 17(3) of the Arms Act, 1959 was issued by the District Magistrate, Gorakhpur to the petitioner on 26.06.2023 and the license of the petitioner was also cancelled by the aforesaid notice/order. It is argued that reply of the aforesaid notice has been submitted by the petitioner and thereafter Case No.1406 (Computerized Case No.D20230250001406) (State Vs. Garad Yadav) was registered. It is argued that more than one year has been lapsed but till date no final decision has been taken in the matter. Learned counsel for the petitioner placed reliance upon the judgement and order dated 05.11.2024 passed by this Court in WRIT - C No. - 13548 of 2021 (Ravindra Yadav@ Ravindra Kumar Yadav Vs. State Of U.P. And 4 Others) and on the basis of the same, it is argued that mere pendency of criminal case itself could not be a ground for cancellation of arms license, 3. On the other hand, it is argued by learned Standing Counsel that the respondent No.3//District Magistrate, Gorakhpur will decide the Case No.1406 (Computerized Case No.D20230250001406) expeditiously. 4. Heard learned counsel for the parties and perused the record. 5. In the facts and circumstances of the case, the present petition is disposed of directing the respondent No.3/District Magistrate, Gorakhpur to decide the aforesaid case most expeditiously and preferably within a period of six weeks by fixing short dates from the date of production of certified copy before him but after providing opportunity of hearing to all the parties concerned, unless there is no legal impediment. Order Date :- 23.4.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad