- (1.) HEARD learned counsel for the petitioner and learned standing counsel for the respondents.
(2.) THIS writ petition is directed against order dated 8.4.2003 passed by D.M. Allahabad refusing to grant fire arm licence to the petitioner for a D.B.B.L. gun merely on the ground that there was no threat to his life and he had not given the names of the persons who were threatening to kill him. Against that order petitioner filed appeal no.47 of 2003. Commissioner Allahabad Division Allahabad dismissed the appeal on 7.7.2003. The said order has also been challenged through this writ petition. Probably the authorities below were of the opinion that unless someone very seriously injured the petitioner he could not be granted fire arm licence. Some times first symptom of heart attack is instant death. Similarly some times first evidence of threat to some ones life is his murder. The matter is quite old otherwise the court would have asked the D.M. concerned to produce the orders in which he had allowed the applications for grant of fire arm licence to ascertain that on what basis the D.M. concerned was granting fire arm licences. Unless there is some thing adverse against the applicant fire arm licence can not be denied to him vide Pawan Kumar Jha Vs. State of U.P. & others 2010(10) A.D.J. 782 and Dinesh Kumar Pandey Vs. State of U.P. 2012(8) A.D.J. 170. Accordingly, writ petition is allowed. Impugned orders are set aside. If till date no criminal case has been lodged against the petitioner then he must immediately, in no case beyond one month from the date of production of certified copy of this order before the D.M. Allahabad be granted the fire Arm licence. Writ petition is allowed.;