BIJENDRA KUMAR @ VIJENDRA CHAUHAN v. STATE OF U.P. AND 4 OTHERS
WRIC/39594/2026 · 2026-09-29
Saurabh Shyam Shamshery
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9980 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9980 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 39594 of 2026 Court No. - 36 HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Sandeep Kumar Pathak, learned counsel for petitioner and Sri H.C. Dube, learned Additional Chief Standing Counsel for State- Respondents. 2. Petitioner has claimed to be an active Advocate in District Court Kasganj. He has an arm licence issued in the year 2003. Subsequently, he was involved in as many as 10 criminal case and out of them in 9 cases either judgment of acquittal is passed or petitioner was exonerated after investigation. However, still petitioner is facing trial in one criminal case, being Case Crime No. 155/2023, under Sections 147, 323, 504, 354Kha, 452, 308 and 34 IPC, wherein after investigation a charge sheet is filed and charges are also framed, therefore, there is more than a prima facie case against petitioner at this stage. 3. Learned counsel for petitioner submits that criminal cases were lodged against petitioner due to political enmity and he was granted acquittal also and that at present only one criminal cases is pending against him, therefore, his firearm licence was wrongly cancelled and appeal thereof was also dismissed. 4. Learned Additional Chief Standing Counsel appearing for State- Versus Counsel for Petitioner(s) : Sandeep Kumar Pathak Counsel for Respondent(s) : C.S.C. Bijendra Kumar @ Vijendra Chauhan .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
Respondents has supported impugned orders. 5. In aforesaid circumstances, the Court is of the view that petitioner was involved in various criminal cases and though later on judgments of acquittal were passed in some cases, however, still in one criminal case trial is pending wherein there are allegation of moral turpitude. There is another case being Case Crime No. 296/2013 and it appears that the same is still pending as referred in impugned orders. 6. In view of above, at this stage, it cannot be held that in case petitioner is allowed to keep firearm licence, it may not be detrimental to public peace and public safety. Therefore, no interference can be caused in impugned orders. 7.
However, the writ petition is disposed of with observation that in case petitioner is granted acquittal in pending criminal cases also, he can approach the Licensing Authority by way of an application for restoration of firearm licence, which will be considered by Licensing Authority in the light of subsequent events as well as taking note of a judgment passed by this Court in Indrajeet Singh vs. State of U.P. and others, 2021(10) ADJ 471. September 30, 2026 AK WRIC No. 39594 of 2026 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad