DHARMENDRA PRATAP SINGH ALIAS BANTU v. STATE OF U.P. AND 2 OTHERS
WRIC/40872/2026 · 2026-10-06
Saurabh Shyam Shamshery
body2026
DailyLaw.ai
[ 2026 DAILYLAW 12986 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 12986 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 40872 of 2026 Court No. - 36 HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Devesh Kumar Verma, learned counsel for petitioner and Sri Shyam Singh, learned Standing Counsel for State-Respondents. 2. Petitioner’s firearm licence was cancelled and appeal thereof was also rejected on ground that his licensed firearm was handed over to another person. With regard to aforesaid incident a First Information Report was also lodged under Section 30 of Arms Act, 1959. 3. Learned counsel for petitioner submits that petitioner has filed an application for discharge in criminal cases arising out of above referred First Information Report and Trial Court concerned vide order dated 30.01.2024 has allowed said application and discharged petitioner from charges. However, unfortunately when said order was passed and appeal was pending before Commissioner, it was not placed before said Authority, therefore, no consideration was made to said event. 4. Learned counsel further submits that in case an opportunity is granted to petitioner to place said subsequent event, i.e., the order of discharge before Appellate Authority, it may be a case that order of cancellation of arms licence may be revoked since the basis of it does not exist now. Versus Counsel for Petitioner(s) : Devesh Kumar Verma, Suresh Chandra Verma Counsel for Respondent(s) : C.S.C. Dharmendra Pratap Singh Alias Bantu .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
5. I have given a thoughtful consideration to above submissions. The subsequent event of discharge from criminal case is a relevant and important event which goes to the root of case as well as no prejudice would cause to State if an opportunity is granted to petitioner to place the said event before Appellate Authority so that a fresh order be passed. 6. In view of above, impugned order dated 08.12.2025 passed by Commissioner, Kanpur Division, Kanpur is hereby set aside and matter is remitted to pass a fresh order. Petitioner will be at liberty to file a certified copy of order dated 30.01.2024 before Appellate Authority within a period of four weeks from today so that matter be decided afresh within a period of three months thereafter. 7. With aforesaid directions, observations and liberty, this writ petition is disposed of.
October 7, 2026 AK WRIC No. 40872 of 2026 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad