ARUN PANDEY Vs. STATE OF U P & ANOTHER
LAWS(ALL)-2019-1-14
HIGH COURT OF ALLAHABAD
Decided on January 02,2019

Arun Pandey Appellant
VERSUS
State Of U P And Another Respondents

JUDGEMENT

Saumitra Dayal Singh, J. - (1.) The present petition has been filed against the order dated 14.08.2012 passed by the District Magistrate-Kanpur Nagar by which that authority had rejected the petitioner's application for grant of fire arm license under section 14 of the The Arms Act, 1959 (hereinafter referred to as the Act), and the order dated 06.11.2013 passed by the Commissioner, Kanpur Zone, by which the petitioner's appeal against the order dated 14.08.2012 was also dismissed.
(2.) Perusal of the order passed by the licensing authority reveals that the petitioner's application had been rejected solely on account of the fact that a police report had been received by the licensing authority with regard to the registration of Case Crime No. 89 of 2005 under Sections 332, 342, 384 IPC. It has thus been concluded, if the fire arm license was to be granted to the petitioner, he was likely to misuse the same.
(3.) Learned counsel for the petitioner states that the petitioner is a Manager of an Educational Institution being Vishwa Nath Pandey Inter College, Surar since 2002 and he had also been elected as the Village Pradhan in the year 2005-10. In such circumstances, it has been stated, a wholly false and fabricated FIR had been lodged against the petitioner motivated by personal animosity of his political rivals and that there is no credible evidence or material existing against the petitioner as may lead to the conclusion of likelihood or misuse of fire arm by the petitioner.In any case, it has been submitted, there is no allegation of misuse of any fire arm by the petitioner in the false criminal case that had been lodged against him.;


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