No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDER 2026:UHC:4758 WPCRL No. 1443 of 2024 Hon’ble Alok Mahra, J. Mr. T.A. Khan, learned Senior Advocate assisted by Ms. Shabana, learned counsel for the petitioner. 2. Mr. Dinesh Chauhan, learned A.G.A. for the State of Uttarakhand. 3. By means of the present Criminal Writ Petition filed under Article 227 of the Constitution of India, the petitioner has prayed for the following reliefs: (i) To issue suitable directions for quashing the judgment and order dated 12.09.2022 passed by the District Magistrate, Udham Singh Nagar in Criminal Case No. 52/24 of 2019 (Annexure No. 1), whereby the arms licences granted to the petitioner for a revolver and a rifle were revoked. (ii) To issue suitable directions for quashing the judgment and order dated 28.08.2024 passed by the Commissioner, Kumaon Division, Nainital in Appeal No. 01 of 2022–23 (Annexure No. 2), whereby the appeal filed by the petitioner was dismissed. (iii) To issue suitable directions remanding the matter back to the District Magistrate to decide Criminal Case No. 52/24/2019 afresh on merits after granting an opportunity to the petitioner to produce evidence. 4. Learned counsel for the petitioner submits that the petitioner was holding a valid arms licence. A complaint was lodged by one Raees Ahmad alleging that the petitioner threatened him by pointing a firearm at his chest. Consequently, proceedings under Section 17 of the Arms Act were initiated, registered as Criminal Case No. 52/24 of 2019. 5. It is further submitted that the District Magistrate, vide order dated 12.09.2022, cancelled the petitioner’s arms licence on the ground that despite several opportunities, the petitioner failed to file a reply. The order was passed on the basis of material available on record, including FIR No. 156 of 2019. 6. Aggrieved by the said order, the petitioner preferred an appeal before the Commissioner, Kumaon Division, Nainital. However, the petitioner did not appear before the appellate authority, and the appeal was dismissed, affirming the order passed by the District Magistrate. 7. Learned counsel for the petitioner further submits that both the authorities failed to consider the report submitted by the Sub-Inspector/Investigating Officer dated 28.09.2019 in relation to the complaint. It is contended that the impugned orders have been passed ex parte without proper consideration of relevant material. It is further submitted that due to inadvertence and unavoidable circumstances, the petitioner could not file his objections. The petitioner, being a political person and a former Chairman of Nagar Panchayat Mahuvakhedaganj, faces rivalry and requires the arms licence for his safety. 8. Having heard learned counsel for the parties and perused the material available on record, this Court finds that the impugned orders have been passed ex parte. Relevant material, including the report of the Sub-Inspector dated 28.09.2019, appears not to have been considered. The petitioner was not afforded an effective opportunity to present his case. 9. In matters involving civil consequences such as cancellation of an arms licence, adherence to the principles of natural justice is of paramount importance. The petitioner ought to have been granted a fair and adequate opportunity to file his reply and place relevant material before the authority. 10. In view of the aforesaid, the impugned orders dated 12.09.2022 passed by the District Magistrate, Udham Singh Nagar and dated 28.08.2024 passed by the Commissioner, Kumaon Division, Nainital are hereby set aside. The matter is remanded back to the District Magistrate, Udham Singh Nagar to decide the said Criminal Case No. 52/24 of 2019 afresh, strictly in accordance with law, after affording one more opportunity to the petitioner to file his objection. The District Magistrate shall make an endeavour to decide the matter as expeditiously as possible. 11. With the aforesaid observations and directions, the present Criminal Writ Petition stands disposed of. 12. Pending applications, if any, shall also stand disposed of. (Alok Mahra, J.) 12.06.2026 Shiksha