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Allahabad High Court

BRAMHA SINGHversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The cancellation of the arms licence is justified as the licensing authority’s satisfaction is based on sufficient material, including the pending criminal cases.

Summary

The petitioner, Bramha Singh, challenged the cancellation of his arms licence on the ground that he has two pending criminal cases and claims false implication. The court noted that the petitioner has a history of multiple criminal cases, with five acquittals and two cases still pending, including serious offences under the IPC such as assault and possession of illegal arms. The FIRs allege that the petitioner was carrying illegal weapons and was involved in misconduct with a minor, and charge‑sheets have been filed. The court held that the licensing authority had sufficient material to justify the cancellation and that the pendency of the cases is a valid ground to deny the licence. Consequently, the petition was dismissed, with the court directing that the petitioner may re‑apply to the licensing authority if he is later acquitted in the pending matters.

Issues considered

  • Whether the pendency of two criminal cases is a sufficient ground to cancel an arms licence.
  • Whether the petitioner is entitled to retain the licensed firearm pending acquittal of the pending cases.
  • Whether the licensing authority's satisfaction in cancelling the licence is based on sufficient material.

Legislation cited

Subjects

  • arms licence
  • cancellation
  • pending criminal cases
  • licensing authority
  • public safety
  • Indian Penal Code
  • acquittal
  • trial pending

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                     WRIT - C No. - 37616 of 2026

Bramha Singh
                                                           .....Petitioner(s)
                                  Versus
State Of U.P. And 2 Others
                                                         .....Respondent(s)

Counsel for Petitioner(s)         :   B.N. Singh, Santosh Kumar Singh
Counsel for Respondent(s)         :   C.S.C.

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

1. It is not denied by Sri M.K.Singh, Advocate holding brief of Sri
Santosh Kumar Singh, learned counsel for the petitioner that petitioner
was involved in 10 criminal cases since 1995 to 2018 and out of which
petitioner was granted acquittal in as many as 5 cases.

2. According to learned counsel for the petitioner in three other criminal
cases, no charge-sheet was filed and presently he is facing trial in only
two cases.

3. In Case Crime No.172 of 2018, filed under Section 323 I.P.C. and
another Case Crime No.C-12/2004 under Sections 147, 148, 323, 504 and
506 I.P.C., trial is still pending, therefore, petitioner's arms license was
cancelled and appeal thereof was also dismissed.

4. Argument of learned counsel for the petitioner is that pendency of two
criminal cases cannot be a ground to cancel the arms license and that
petitioner was falsely implicated in both the cases.

5. I have perused the contents of F.I.R. in Case Crime No.82 of 2004,
wherein there is a specific allegation that petitioner was carrying illegal
arms and complainant side have received injuries.

6. According to F.I.R. in Case Crime No.0172 of 2018, petitioner and his
son have misbehaved with a minor girl, therefore, Court finds that a
person who is having such nature of allegations wherein after
investigation, charge-sheet has also been filed, therefore, at this stage
Court does not find that satisfaction of the Licensing Authority is baseless
or not based on material available, since sufficient material is available on
records.

7. In above background, in case the petitioner is allowed to keep the
                                                                                          WRIC No. 37616 of 2026
                                                                   2

                                    licensed fire arm, it becomes used or petitioner may commit an offence
                                    which may be detrimental to public order or public safety, therefore, no
                                    interference is required in the impugned order. However, in case the
                                    petitioner is granted acquittal in both the pending cases, he will be at
                                    liberty to approach the Licensing Authority by way of filing a fresh
                                    application 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.

                                    8. This order is passed in the presence of Sri H.C.Dubey, learned
                                    Additional Chief 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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