Allahabad High Court
BRAJ MOHAN @ SWAMI CHAITANYA DEV ARYAversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition is disposed of with liberty to the petitioner to file an appeal under Section 18 of the Arms Act, 1959.
Summary
The petitioner, Braj Mohan, filed a writ petition challenging an order that he believed could be appealed under Section 18 of the Arms Act, 1959. The petitioner’s counsel argued that the appropriate remedy was to file an appeal rather than continue the writ petition. The court considered whether the writ petition could be disposed of while granting the petitioner liberty to pursue the appeal. Relying on the counsel’s submission, the court held that the writ petition could be dismissed with such liberty. Consequently, the petition was disposed of, allowing the petitioner to file an appeal under the Arms Act.
Issues considered
- Whether a writ petition can be disposed of with liberty to file an appeal under Section 18 of the Arms Act, 1959
Legislation cited
- Arms Act, 1959 — s. 18
Subjects
- writ petition
- appeal
- Arms Act
- Section 18
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 39585 of 2026
Braj Mohan @ Swami Chaitanya Dev Arya
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pramod Kumar Singh, Vinod Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 36
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Sri Pramod Kumar Singh, learned counsel for petitioner, after arguing
for some time, fairly submits that since impugned order can be challenged
by way of filing an appeal under Section 18 of Arms Act, 1959, therefore,
he prays that this writ petition may be disposed of with liberty to
petitioner to file an appeal.
2. In aforesaid circumstances, the writ petition is disposed of with liberty,
as prayed for.
(Saurabh Shyam Shamshery,J.)
September 30, 2026
AK
Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad
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