Pankaj Naqvi, J. - (1.) HEARD Shri Vijay Singh Sengar, Learned Counsel for the petitioner and Shri Pankaj Saxena, learned standing counsel appearing for the respondents.
(2.) THE petitioner challenges the order dated 17.2.2011 whereby his application for grant of fresh arm licence has been refused and the appellate order dated 1.6.2011 whereby his appeal has been dismissed. A persual of the impugned order would demonstrate that the grant of licence has been refused to the petitioner solely on the ground that his father namely, Ram Swaroop and his brother Rajendra Dwivedi are involved in case crime No. 301 of 1993, under Section 302 IPC and since they are members of jointly family there is always a possibility of misuse of arm.
(3.) THE only contention of the Learned Counsel for the petitioner is that pursuant to a judgment dated 6.12.1996 rendered in ST No. 270 of 1995, State v. Ram Swaroop, his father namely, Ram Swaroop and his brother Rajendra Dwivedi have been acquitted from the charges under Section 302/34 IPC and, therefore, the very ground for refusal of the arm licence has now become non -existent. Copy of judgment dated 6.12.1996 is on record as Annexure 2 to the writ petition.;