YADVENDRA PRATAP SHAHI v. STATE OF U.P. AND 3 OTHERS
WRIC/33328/2026 · 2026-09-06
Saurabh Shyam Shamshery
body2026
DailyLaw.ai
[ 2026 DAILYLAW 4674 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4674 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33328 of 2026 Court No. - 36 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1.Heard Sri Nitin Sharma, learned counsel for the petitioner and Sri P.Tripathi,learned Standing Counsel. 2. Petitioner has two arms license. 3. One arms license was issued in the year 1998 and the other was issued in the year 2003. 4. In the year 2015, an F.I.R was lodged against the petitioner along with other co-accused that they have disturbed counting of voting process and trial is still pending. 5. On basis of aforesaid criminal case, a notice was issued to the petitioner in the year 2022 that due to his involvement in aforesaid case both the arms license of petitioner be cancelled and accordingly District Magistrate vide an order dated 19.2.2026 cancelled the arms license of the petitioner and appeal thereof was also dismissed vide an order dated
30.7.2026. 6. Orders dated 19.2.2026 and 30.7.2026 are under challenge in the present writ petition. 7. Learned counsel for the petitioner submitted that after the above referred criminal case which was lodged against the petitioner in the year 2015, no other criminal case was lodged against him till date. In the said criminal case also, no specific role was assigned to the petitioner and no Versus Counsel for Petitioner(s) : Nitin Sharma, Prabhat Kumar Pandey Counsel for Respondent(s) : C.S.C. Yadvendra Pratap Shahi .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
circumstances exist to initiate proceedings for cancellation of arms license on basis of occurrence which occurred in the year 2015 i.e. after a period of more than 10 years. 8. Per Contra, learned Standing Counsel has supported the impugned order and submitted that petitioner was involved in an alleged offence while disturbing the process of counting of votes, though he has not denied that till date trial has not concluded and no other criminal case is pending against the petitioner. 9. I have considered the above submissions and perused the records. 10. The contents of F.I.R lodged against the petitioner in the year 2015 shows that he was involved along with other co-accused persons in an occurrence where they have disturbed the counting of process of voting and due to their act, public order was disturbed.
However, still considering the submissions of learned counsel for the petitioner that after 2015, petitioner was not involved in any other criminal case, therefore, it can be stated that after 2015, petitioner has maintained his good conduct as well as that proceedings were initiated to cancel arms license after more than 10 years after the F.I.R was lodged and that trial is still not concluded, therefore, Licensing Authority as well as Appellate Authority ought to have considered conduct of the petitioner after the aforesaid occurrence since already a decade has passed. 11. Accordingly impugned order dated 19.2.2026 is set aside and matter is remanded to Licensing Authority to pass a fresh order within a period of 6 months and it is directed that for a period of 6 months both the arms license of the petitioner shall be kept under suspension subject to outcome of fresh order. 12. Writ Petition is accordingly disposed of. September 7, 2026 SB WRIC No. 33328 of 2026 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad