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2025 DAILYLAW 53309 (ALL)

AWDHESH NARAIN TIWARI v. STATE OF UP AND 3 OTHERS

WRIC/18229/2025 · 2025-07-07

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107437 Court No. - 33 Case :- WRIT - C No. - 18229 of 2025 Petitioner :- Awdhesh Narain Tiwari Respondent :- State Of Up And 3 Others Hon'ble Prakash Padia,J. 1. Earlier the arm license for D.B.B.L. Gun was granted in favour of the petitioner on 25.01.1995. The aforesaid license was cancelled by the Additional District Magistrate, Prayagraj/ Respondent No. 3 vide its order dated 23.02.2001 on the ground that two criminal cases are pending against the petitioner. 2. Aggrieved against the aforesaid, petitioner has preferred an appeal before the Commissioner Allahabad Division, Allahabad which was also dismissed on the same ground vide order dated 27.03.2001. 3. Aggrieved against the aforesaid, petitioner approached this Court by filing writ petition being Writ Petition No. 23311 of 2001, the same was also dismissed by this Court vide judgment and order dated 07.03.2006. 4. It is argued that insofar as the criminal cases are concerned, the petitioner has already been acquitted in the aforesaid cases. After acquittal, he submitted an application before the Respondent No. 2/District Magistrate, Prayagraj on 10.03.2025 for renewal of an earlier gun license issued in his favour. 5. On the other hand it is argued by the learned Standing Counsel that once arm license of the petitioner has been cancelled, there is no question of renewal of the gun and in case the petitioner want to issue the license, he should apply as a fresh. 6. Heard counsel for the parties. 7. With the consent of the counsel for the parties, the present writ petition is disposed of finally permitting the petitioner to apply a fresh for the grant of gun license, if so advised. If such application is filed, the concerned authority is directed to take a decision on the same strictly in accordance with law, expeditiously without influence by the observations made here and above. Order Date :- 8.7.2025 Swati Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad