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Allahabad High Court

SUMIT PRATAP SINGHversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The court directed the competent authority to consider and decide the petitioner's firearm licence application on the basis of a fresh police report expeditiously, within the period prescribed under the Arms Act, 1959, if no legal impediment exists.

Summary

The petitioner applied for a firearm licence on 28 February 2026 and sought the court's intervention to expedite the processing of his application. He filed a writ petition requesting the competent authority to consider his licence application promptly. The court, without delving into the merits of the licence application, directed the authority to assess the petitioner's request based on a fresh police report and to do so within the time frame prescribed by the Arms Act, 1959, provided there is no legal impediment. The direction was issued to ensure an expeditious decision in accordance with the law. Consequently, the writ petition was disposed of with the said directive.

Issues considered

  • Whether the High Court can direct the competent authority to expedite the consideration of a firearm licence application under the Arms Act, 1959.

Legislation cited

Subjects

  • firearm licence
  • Arms Act 1959
  • expeditious disposal
  • writ petition
  • competent authority
  • fresh police report

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 39488 of 2026

                                    Sumit Pratap Singh
                                                                                               .....Petitioner(s)
                                                                      Versus

                                    State of U.P. and Another
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)                :   Mukesh Kumar Upadhyay
                                    Counsel for Respondent(s)                :   C.S.C.

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

                                    1. Heard Sri Mukesh Kumar Upadhyay, learned counsel for petitioner and

                                    Sri Prabhakar Tripathi, learned Standing Counsel for State-Respondents.


                                    2. Petitioner has approached this Court to expedite the consideration of
                                    his application dated 28.02.2026 for grant of firearm licence.


                                    3. In view of above, without expressing any opinion on the merits of the

                                    issue and considering the facts and circumstances of the case, this writ

                                    petition is disposed of finally with a direction to respondent-Competent

                                    Authority to consider and decide petitioner’s application for grant of

                                    firearm licence on basis of a fresh police report in accordance with law

                                    expeditiously, preferably within the period prescribed under Arms Act,

                                    1959, if there is no legal impediment.


                                                                                 (Saurabh Shyam Shamshery,J.)
                                    September 30, 2026
                                    AK




Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad


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