Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No. 2011 of 2025 (M/S)
Tarsem Singh ….....Petitioner
Versus
State of Uttarakhand and others
.….Respondents
Present:- Mr. Harshpal Sekhon, Advocate for the petitioner. Mr. Ganesh Kandpal, Deputy Advocate General for the State.
Hon’ble Ravindra Maithani, J. (Oral)
The petitioner challenges a general notice, by which the firearm holders have been required to deposit the firearm.
2.
Heard learned counsel for the parties and perused the records.
3.
Learned counsel for the petitioner submits that such a blanket order may not be passed in view of the pending elections. He cites the principles of law, as laid down by the Hon’ble High Court of Judicature at Allahabad, in the case of Ravi Shankar Tiwari and 4 others v. State of U.P. through District Magistrate Amethi and 3 others, 2024, 2024:AHC-LKO:25540. He submits that there is no authority vested in the Station House Officer to issue such general
order. It is argued that the petitioner is a valid arms license holder, which is for his own protection; the petitioner is not involved in any criminal case.
4.
On the last occasion, this Court had requested the learned State Counsel to tell the Court as to under what provision of law, such notice has been issued?
2
5.
Today, learned State Counsel submits that as per the model code of conduct, the firearms in the sensitive area may be required to be deposited.
6.
Learned counsel for the petitioner submits that first and foremost, it is to see that whether any area falls under the sensitive area or not? He submits that he has given an application on 03.07.2025 to the District Magistrate, Udham Singh Nagar requesting to exempt him from depositing the firearms on the ground of his own security. He also submits that the respondent District Magistrate may be directed to take a decision on the application submitted by the petitioner dated 03.07.2025, Annexure no. 3 to the writ petition, and till then the petitioner may be exempted from depositing his firearms.
7.
Learned State Counsel submits that the application of the petitioner dated 03.07.2025 shall be decided by the District Magistrate, Udham Singh Nagar within three days.
8.
The Court takes on record the statement made by the learned State Counsel.
9.
The writ petition is disposed of with the direction to the District Magistrate, Udham Singh Nagar to decide the application of the petitioner dated 03.07.2025, Annexure No. 3 to the writ petition, within three days from today. Till a decision is taken on the application of the petitioner, the petitioner shall be exempted from depositing his firearms.
(Ravindra Maithani, J)
10.07.2025 Avneet/