- (1.) SUNIL Ambwani, J. Heard Counsel for petitioner and learned standing Counsel.
(2.) PETITIONER's arm licence was suspended and show cause notice was given to petitioner by the Licensing Authority/additional District Magistrate (City), Allahabad on the ground that petitioner was accused in case Crime No. 280 of 1996 under Sections 302/34, 286, IPC P. S.- Kareli. After receiving the reply the licence was cancelled, by order dated 26-3-1999. An appeal against the order was dismissed on 9-8-1999 by the Commissioner, Allahabad. It is contended that the only ground for cancellation petitioner's involvement in the aforesaid crime. It was committed to Sessions and that in sessions trial No. 999 of 1997, Special Court (E. C. Act)/additional District Judge, Allahabad has acquitted the accused by his judgment and order dated 21-5-2001. The Sessions Court held that there was old enmity between the parties; the FIR was lodged after delay and that false implications of other persons who had no connection with the crime, allows the benefit of doubt to the petitioner and other accused. It has been held in Mohd. Afaq v. Commissioner Allahabad Division, Allahabad, 1975 ALJ 508, that where licence holder was charged under Section 302, IPC and was subsequently acquitted by the Criminal Court the licensing authority can consider the revocation of the cancellation order. On the basis of the aforesaid judgment, petitioner has made out a case for setting aside the order cancelling his licence as well as appellate order. The Court, however, is not aware of the fact whether petitioner has been involved thereafter in any criminal activity or that he is desirable or a fit person to be allowed to possess a gun. For the aforesaid reasons, the writ petition is allowed. The judgment and order of the Commissioner, Allahabad Division, Allahabad dated 9-8-1999 in appeal No. 61 of 1999, and the order of the District Magistrate dated 26-3-1999 cancelling petitioner arm licence are set aside. The District Magistrate will consider the matter afresh in the light of Section 14 of the Arms Act, 1959 and consider the conduct of petitioner subsequent to 1999 and pass a fresh order as regards to the licence to be held by petitioner as expeditiously as possible. The release of the gun to petitioner shall depend up fresh orders to be passed by the District Magistrate/ Licensing Authority. Petition allowed. .;