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2025 DAILYLAW 8945 (ALL)

SURENDRA SINGH ALIAS GAGAN BIHARI v. STATE OF U.P. AND 3 OTHERS

WRIC/3815/2021 · 2025-05-15

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81767 Court No. - 33 Case :- WRIT - C No. - 3815 of 2021 Petitioner :- Surendra Singh Alias Gagan Bihari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kshitij Pal Singh,Nitya Nand Chaubey,Shubham Singh,Vikrant Pratap Singh,Virendra Kumar Yadav 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 06.08.2019 & 09.09.2019 passed by the District Magistrate, Varanasi in Case No. 3568 of 2019 (State Versus Surendra Singh alias Gagan Bihari), under Section 17(3) of Indian Arms Act. 2. Aggrieved against the aforesaid, petitioner preferred an appeal, which was also rejected by respondent no.2-Commissioiner Varanasi Division, Varanasi vide order dated 09.11.2020. 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. 58 of 2018, under Sections 323, 504, 506, 352 I.P.C., Police Station Maduwadeeh, District Varanasi was pending against the petitioner. 4. It is stated in para no. 3 of the supplementary dated 02.12.2021 that aforesaid case has already been decided in accordance with law vide order dated 20.07.2019 passed by Judicial Magistrate- IInd, Varanasi pursuant to the compromise entered between the parties, copy of which is filed as Annexure SA-I to the supplementary affidavit. 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 on account of which firearm license was cancelled, is no more existence, 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, orders dated 06.08.2019 & 09.09.2019 passed by the District Magistrate, Varanasi and order dated 09.11.2020 passed by Commissioner Varanasi Division, Varanasi are hereby set aside. The District Magistrate, Varanasi is directed to release the firearms license in favour of the petitioner forthwith. 8. Withe the above observations, the present writ petition is allowed. Order Date :- 16.5.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad