ANJANI KUMAR, J. - (1.) BY means of the present writ petition under Article 226 of the Constitution of India, petitioner Iftikhar Khan has challenged the orders dated 24 -11 -1997 and 4 -3 -1999, Annexures 3 and 9 to the writ petition, respectively, under the provisions of the Arms Act revoking the licence of his fire -arm.
(2.) HEARD Sri Ratnesh Kumar Pandey, learned Counsel appearing on behalf of the petitioner and the learned Standing Counsel representing the respondents. Learned Counsel for the petitioner contends that on 10 -7 -1996, petitioner has been served with a show -cause notice dated 10 -7 -1996 under Section 17 of the Arms Act asking him to show -cause by 12 -8 -1996 as to why his fire -arm licence may not be cancelled and in reply thereto he filed his objection stating therein that he was never involved in criminal case and he has not misused his gun as is alleged in the show cause notice. The further contention of the petitioner's Counsel is that a case under Crime No. 91 of 1996, under Sections 147/148/149/323/336 and 307 IPC and Section 3 (2) 5 SC/ST Act, at police station B.B. Nagar, District Bulandshahar has been registered against ten persons of the locality, including the petitioner and in which he has falsely nominated by the police due to enmity. It is on the basis of the aforesaid FIR, the petitioner has been served with the aforesaid show cause notice. A perusal of the order of revocation of the licence demonstrates that the petitioner is a person connected with the crime, referred to above, and therefore he is not the person with whom the firm arm should be retained in public interest. The appellate authority has also taken the same view, thus this writ petition. The question as to whether mere involvement in a criminal case or pendency of a criminal case can be a ground for revocation of the licence under Arms Act has been dealt with by a Division Bench of this Court reported in 1978 A.W.C. 122 -Sheo Prasad Misra v. The District Magistrate, Basti and others, wherein the Division Bench relying upon the earlier decision reported in 1972 A.L.J. 573 -Masi Uddin v. Commissioner, Allahabad, found that mere involvement in criminal case cannot in any way affected the public security or public interest and the order cancelling or revoking the licence of firm arm has been set aside. The present impugned orders are also suffer from the same infirmity as was pointed out by the Division Bench in the above -mentioned cases, I am in full agreement with the view taken by the Division Bench that these orders cannot be sustained and are deserve to be quashed and are hereby quashed.
(3.) THERE is yet another reason that during the pendency of the present writ petition, the petitioner has been acquitted from the aforesaid criminal case and at present there is neither any case pending, nor any conviction has been attributed to the petitioner. In this view of the matter, the petitioner is entitled to have the fire -arm licence. It is submitted by petitioner's Counsel that the petitioner has been acquitted of the charges aforestated vide judgment and order dated 27 -3 -2001 passed by Court below. This fact emerges from the paragraph 2 of the application dated 21 -1 -2002 filed by the petitioner.;