Allahabad High Court
VISHAL VARMAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- VINOD DIWAKAR
Holding
The petitioner is not entitled to renewal of the arms licence and the writ petition is dismissed.
Summary
The petitioner, a holder of a valid arms licence for a revolver since 2011, filed a writ petition seeking a mandamus directing the authorities to decide his renewal application filed on 16‑10‑2025. The licensing authority had requested a police character report, which disclosed three serious criminal cases against the petitioner, including offences under the IPC and Section 30 of the Arms Act. Although the petitioner claimed acquittal in two of the cases and argued that the delay was due to the seizure of his firearm, the court noted the grave nature of the allegations and the potential threat to public safety. It held that the petitioner is disqualified from claiming a renewal as a matter of right and that the court cannot issue a direction for renewal. Consequently, the writ petition was dismissed as being devoid of merit.
Issues considered
- Whether the petitioner is entitled to renewal of his arms licence despite pending and past criminal allegations.
- Whether the High Court can issue a mandamus directing the licensing authority to grant renewal of an arms licence.
Legislation cited
- Arms Act, 1959 — s. 30
Subjects
- arms licence
- renewal
- mandamus
- criminal antecedents
- public safety
- disqualification
- Arms Act
- IPC offences
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17784 of 2026
Vishal Varma
.....Petitioner(s)
Versus
State of U.P. & 3 Ors
.....Respondent(s)
Counsel for Petitioner(s) : Ravi Shankar Vishwakarma
Counsel for Respondent(s) : C.S.C.
Court No. - 37
HON'BLE VINOD DIWAKAR, J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State.
2. The present petition has been filed seeking direction in the nature of
mandamus commanding the respondent no.2 to decide the petitioner's
application dated 16.10.2025 for renewal of arms license within stipulated
time.
3. Learned counsel for the petitioner submits that the petitioner is the holder
of a valid arms licence for a revolver/pistol bearing License No. 4803, Police
Station Chetganj, District Varanasi, pertaining to revolver No. RP123523,
.32 bore. It is submitted that the said arms licence was granted in the year
2011 and had been regularly renewed from time to time without any
objection from the competent authority.
4. It is further submitted that upon the petitioner moving an application for
renewal of the said licence, respondent no. 2 sought a police report regarding
the petitioner's character verification and any pending criminal antecedents.
In response thereto, the police submitted a report mentioning three criminal
cases against the petitioner, namely: (i) Case Crime No. 29 of 2022, under
Sections 406, 419, 420, 504, 506 IPC; (ii) Case Crime No. 47 of 2019, under
Sections 120-B, 302 IPC; and (iii) Case Crime No. 48 of 2019, under
Section 30 of the Arms Act.
5. Learned counsel submits that the petitioner's licensed revolver as well as
the arms licence remained in police custody in connection with Case Crime
Nos. 47 and 48 of 2019 since 21.02.2019, and on account of such seizure
and custody, the petitioner was unable to apply for timely renewal of the
WRIC No. 17784 of 2026
2
licence.
6. It is further submitted that in both Case Crime No. 47 of 2019 and Case
Crime No. 48 of 2019, the petitioner has already been acquitted. The
petitioner thereafter applied for renewal of the firearm licence, which had
been issued on 29.03.2011 and remained valid up to 30.04.2020. According
to learned counsel, all requisite formalities for renewal have already been
completed by the petitioner, yet the application has remained pending before
the competent authority since the year 2025 without any final decision.
7. Per contra, learned Standing Counsel, on instructions, submits that the
petitioner has misused the licensed revolver, which constitutes a serious
violation of the conditions of the arms licence and a breach of the trust
reposed by the licensing authority while granting such licence. It is further
submitted that criminal proceedings involving serious offenses are
attributable to the petitioner, including Case Crime No. 29 of 2022 under
Sections 406, 419, 420, 504, 506 IPC, apart from Case Crime No. 47 of 2019
under Sections 120-B, 302 IPC and Case Crime No. 48 of 2019 under
Section 30 of the Arms Act.
8. Considering the submissions advanced by learned counsel for the
petitioner and upon perusal of the material available on record, it is observed
that the criminal antecedents attributed to the petitioner are grave in nature
and have a direct bearing on public order, public safety, and the maintenance
of law and order. The misuse of a licensed firearm, coupled with such
serious allegations, clearly disentitles the petitioner from claiming renewal
of the arms licence as a matter of right.
9. The continuance or renewal of such licence in favour of the petitioner
would be prejudicial to public peace and safety and would frustrate the very
object and purpose of regulatory control envisaged under the Arms Act. In
such circumstances, no direction for renewal of the arms licence can be
issued by this Court.
10. Accordingly, the instant writ petition, being devoid of merit, stands
dismissed.
May 6, 2026
A. Tripathi
(Vinod Diwakar,J.)
Digitally signed by :-
AKHILESH TRIPATHI
High Court of Judicature at Allahabad
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