Rajiv Sharma, J. - (1.) HEARD learned Counsel for the Petitioner and learned Standing Counsel.
(2.) BY means of the instant writ petition, the Petitioner has assailed the order dated 10.2.2010 passed by the Commissioner, Lucknow Division, Lucknow and the order dated 17.1.2008 passed by the District Magistrate, Sitapur as contained in Annexure Nos. 1 and 2, respectively, to the writ petition. Learned Counsel for the Petitioner submits that the Petitioner was granted arms licence by the District Magistrate, Sitapur on 20.7.2003. Thereafter, an FIR relating to case crime No. 136 of 2005, under Section 307 IPC at Police Station Mishrikh District Sitapur was lodged against the Petitioner. After due trial, the Sessions Court, vide judgment and order dated 23.11.2009, acquitted the Petitioner on the aforesaid case crime but even then, the District Magistrate, Sitapur, vide order dated 17.1.2008, cancelled the fire arm licence. Feeling aggrieved, the Petitioner has preferred an appeal along with an application for condonation of delay in filing the appeal. He submits that in the application condonation of delay, sufficient cause for filing the appeal beyond time was mentioned but the Commissioner, Lucknow Division, Lucknow, without considering the cause in filing the appeal beyond time, dismissed the appeal by the order dated 10.2.2008. Hence the instant writ petition inter alia on the grounds that Petitioner's fire arm licence has been cancelled merely on the ground of his false involvement in a criminal case, in which, he has been acquitted and as such, the cancellation of the arms licence of the Petitioner is not sustainable in the eyes of law.
(3.) LEARNED Counsel for the Petitioner submits that the sole reason for revoking the licence vide order dated 17.1.2008 is that criminal case was lodged against the Petitioner. He submits that the Petitioner has been acquitted in the aforesaid case by the trial Court and as such, the grounds which are mentioned in Section 17(3) of the Arms Act are not at all attracted in the case of the Petitioner and the Petitioner has not contravened any of the conditions as enumerated in the licence and as such the impugned order passed by the District Magistrate as also the order passed by the Appellate Authority is illegal and legally not sustainable.;