Allahabad High Court
PREM NARAYANversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The court held that the licensing authority’s cancellation of the arms licence, based on prima facie evidence of misuse, is valid and not subject to interference by the writ jurisdiction.
Summary
The petitioner’s arms licence was cancelled and his appeal against the cancellation was dismissed on the ground that he was implicated in a criminal case involving multiple IPC offences. The petitioner argued that it had not been established whether the licensed firearm was actually used, that the firearm had been released, and that the trial was still pending, so there was no risk of misuse. The court examined the FIRs, noting the recovery of a gun used in the crime and a subsequent FIR under Section 30 of the Arms Act, and found specific allegations that the licensed firearm had been misused. Since charge‑sheets had been filed and charges framed, a prima facie case existed, and the licensing authority’s satisfaction was not perverse, the court declined to interfere. The petitioner was directed to re‑apply to the licensing authority after any acquittal, and the writ petition was dismissed.
Issues considered
- Whether the cancellation of an arms licence on the basis of a prima facie case of misuse can be set aside by a writ court.
- Whether the licensing authority's satisfaction in cancelling the licence is perverse or liable to judicial interference.
- Whether the petitioner may approach the licensing authority for reinstatement after acquittal in the criminal proceedings.
Legislation cited
- Arms Act — s. 30
Subjects
- arms licence
- cancellation
- misuse of firearm
- Section 30 Arms Act
- prima facie case
- writ jurisdiction
- licensing authority
- criminal proceedings
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 37584 of 2026
Prem Narayan
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vinay Kumar Tripathi
Counsel for Respondent(s) : C.S.C.
Court No. - 36
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Petitioners arms license was cancelled and appeal thereof was also
cancelled on a ground that he was involved in a criminal case bearing Case
Crime No.16 of 2022 bearing Case Crime No.147, 148, 323, 324, 307, 504
and 506 I.P.C.
2. Argument of Sri Vinay Kumar Tripathi, learned counsel for the petitioner
is that still it has not been decided as to whether the firearm was actually
used in the occurrence or not as well as that firearm has already been
released and trial is still pending and no circumstances exist that there is any
possibility for misuse of licensed fire arm.
3. Court has perused the F.I.R. annexed along with this writ petition and
finds that on basis of a recovery of gun used in above referred crime, a
subsequent F.I.R. was lodged under Section 30 of Arms Act.
4. In the first F.I.R. lodged against the petitioner there are specific
allegations that licensed firearm was misused and now since in both the
cases after investigation, charge-sheet has been filed and charges have been
framed, therefore there is more than prima facie case against the petitioner,
therefore, satisfaction arrived at by the Licensing Authority being based on
materials available, therefore under writ jurisdiction, same cannot be
interfered with since it is not a case of perverse finding.
5. Petitioner is at liberty to approach the Licensing Authority by way of
filing a fresh application after order of acquittal if passed in both cases, for
revocation of order of cancellation of arms license, and it will be decided in
accordance with law taking note of a judgment passed by this Court in
Indrajeet Singh Vs. State of U.P. & Ors, 2021:AHC:120898.
6. Writ Petition is accordingly dismissed.
WRIC No. 37584 of 2026
2
7. This order is passed in the presence of Sri P.Tripathi, learned Standing
Counsel.
(Saurabh Shyam Shamshery,J.)
September 18, 2026
SB
Digitally signed by :-
SANDEEP BHATTACHARYA
High Court of Judicature at Allahabad
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