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Allahabad High Court

SANTOSH KUMAR MISHRAversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The impugned order dismissing the appeal is set aside and the matter remanded for a fresh order with liberty to the petitioner to submit written submissions.

Summary

Santosh Kumar Mishra filed a writ petition challenging the dismissal of his appeal under Section 18 of the Arms Act. The lower authority had dismissed the appeal on the ground that the petitioner failed to file any written submissions, thereby not considering the status of five criminal cases pending against him. The High Court noted that the petitioner had been acquitted in three of those cases and that proceedings in the remaining two had been dropped, concluding that fairness required a review of the outcomes. Consequently, the Court set aside the impugned order and remanded the matter to the respondent to pass a fresh order, granting the petitioner four weeks to file written submissions disclosing the results of all criminal matters. The writ petition was thereafter disposed.

Issues considered

  • Whether dismissal of an appeal under Section 18 of the Arms Act without considering pending criminal cases violates principles of natural justice
  • Whether the petitioner must be afforded an opportunity to make written submissions before an appeal is dismissed
  • Whether the appellate authority can set aside a dismissal order and remand for fresh consideration

Legislation cited

Subjects

  • Arms Act
  • Section 18
  • writ petition
  • natural justice
  • remand
  • written submissions
  • criminal cases
  • High Court of Allahabad

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 36258 of 2024

                                    Santosh Kumar Mishra
                                                                                                 .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 2 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)                   :    Ram Yash Chauhan
                                    Counsel for Respondent(s)                   :    C.S.C.

                                    Court No. - 36
                                               HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. I have perused the impugned order and other documents with the help
                                    of Sri Shyam Singh, learned Standing Counsel and find that the appeal
                                    filed by the petitioner under Section 18 of the Arms Act was dismissed
                                    mainly on a ground that petitioner/appellant has failed to submit any
                                    written submissions, therefore, status of five criminal cases lodged against
                                    the petitioner were not considered.
                                    2. In Case Crime Nos.619 of 1992, 177 of 1992 and 178 of 1992,
                                    petitioner has been granted acquittal as well that an averment that in other
                                    two cases also proceedings have been dropped, therefore, in the interest of
                                    justice, even in the absence of learned counsel for the petitioner,
                                    impugned order dated 18.7.2024 is set-aside and matter is remanded to
                                    concern respondent to pass a fresh order with liberty to petitioner to
                                    submit a written submission disclosing the outcome of all the criminal
                                    cases where he was involved as well as details of any other criminal cases
                                    and same shall be filed within a period of four weeks subsequently, the
                                    Appellate Authority will pass a fresh order.
                                    3. Writ Petition is accordingly disposed of.
                                    4. Copy of this order be sent to the petitioner at his given address.


                                                                                (Saurabh Shyam Shamshery,J.)
                                    September 18, 2026
                                    SB




Digitally signed by :-
SANDEEP BHATTACHARYA
High Court of Judicature at Allahabad


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