ANIL KUMAR YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition is directed against the following orders through which petitioner's arm licence was cancelled:

(2.) Through the second order appeal filed against the first order was dismissed.

(3.) Notice was given to the petitioner on two grounds. Firstly pendency of two criminal cases against him and secondly his act of concealment of pendency of the criminal cases against him in his application which he filed for grant of licence. Initially the licence was cancelled through order dated 30.5.2005 against which appeal was filed by the petitioner number of which was Appeal No.4 of 2006. Commissioner, Allahabad division, Allahabad allowed the appeal on 3.4.2006 and remanded the matter. The copy of the order is Annexure-10 to the writ petition. In the said order it was observed that in case petitioner had been acquitted in the cases pending against him and no other criminal case was pending against him and latest police report was also in his favour then District Magistrate would be free to amend (change) his order. Thereafter, again the matter was decided against the petitioner by the impugned order dated 29.3.2007. In case the sole ground for initiating the proceeding and cancellation of the arms licence had been involvement of the petitioner in criminal case then proceedings for cancellation of licence could be dropped on acquittal. However, in my opinion in the instant case the main reason of cancellation of fire arm licence was concealment of the fact of pendency of criminal case by the petitioner at the time of applying for grant of licence.