Vishvanath Prasad Gupta vs State of U.P. and others

Sibghat Ullah Khan, J.—Heard learned counsel for the parties.

This writ petition is directed against the order dated 26.11.2005 passed by D.M. Maharajganj in Case No. 47 of 2005 under Section 17(3) of Arms Act cancelling the fire arm licences of a rifle and a revolver of the petitioner. Against the said order petitioner filed Appeal No. 14/M of 2005 which has also been dismissed by Commissioner, Gorakhpur Division, Gorakhpur on 10.1.2007. The said order also has been challenged through this writ petition.

The allegation against the petitioner was that about 30 persons including son of the petitioner had surrounded the police station and in that regard F.I.R. had been lodged. (They were expressing their anger against inaction of the police to investigate a murder.) In the F.I.R. petitioner was not named, however his son was named. As far as son of the petitioner is concerned, he was granted bail. The order of cancellation of his fire arm licence (he was also holding a licence) has been set aside by this Court in the Writ Petition No. 56278 of 2007 (Ajay Kumar Gupta Vs. State of U.P. and others) decided on 1.9.2009. A photo stat copy of the said judgment has been placed on record. As the only allegation against the petitioner was that his son was involved in a crime and as fire arm licence of the son has been restored, hence this writ petition also deserves to be allowed.

Accordingly, writ petition is allowed. Impugned orders are set aside. If period of licences has expired then the licences must be renewed at once.