BIJENDRA KUMAR @ VIJENDRA CHAUHANversusSTATE OF U.P. AND 4 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                         WRIT - C No. - 39594 of 2026

Bijendra Kumar @ Vijendra Chauhan
                                                             .....Petitioner(s)
                                    Versus

State Of U.P. And 4 Others
                                                           .....Respondent(s)

Counsel for Petitioner(s)                 :   Sandeep Kumar Pathak
Counsel for Respondent(s)                 :   C.S.C.

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

1. Heard Sri Sandeep Kumar Pathak, learned counsel for petitioner and

Sri H.C. Dube, learned Additional Chief Standing Counsel for State-

Respondents.

2. Petitioner has claimed to be an active Advocate in District Court

Kasganj. He has an arm licence issued in the year 2003. Subsequently, he

was involved in as many as 10 criminal case and out of them in 9 cases

either judgment of acquittal is passed or petitioner was exonerated after

investigation. However, still petitioner is facing trial in one criminal case,

being Case Crime No. 155/2023, under Sections 147, 323, 504, 354Kha,

452, 308 and 34 IPC, wherein after investigation a charge sheet is filed

and charges are also framed, therefore, there is more than a prima facie

case against petitioner at this stage.


3. Learned counsel for petitioner submits that criminal cases were lodged

against petitioner due to political enmity and he was granted acquittal also

and that at present only one criminal cases is pending against him,

therefore, his firearm licence was wrongly cancelled and appeal thereof

was also dismissed.


4. Learned Additional Chief Standing Counsel appearing for State-
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                                    Respondents has supported impugned orders.


                                    5. In aforesaid circumstances, the Court is of the view that petitioner was

                                    involved in various criminal cases and though later on judgments of

                                    acquittal were passed in some cases, however, still in one criminal case

                                    trial is pending wherein there are allegation of moral turpitude. There is

                                    another case being Case Crime No. 296/2013 and it appears that the same

                                    is still pending as referred in impugned orders.


                                    6. In view of above, at this stage, it cannot be held that in case petitioner

                                    is allowed to keep firearm licence, it may not be detrimental to public

                                    peace and public safety. Therefore, no interference can be caused in

                                    impugned orders.


                                    7. However, the writ petition is disposed of with observation that in case

                                    petitioner is granted acquittal in pending criminal cases also, he can

                                    approach the Licensing Authority by way of an application for restoration

                                    of firearm licence, which will be considered by Licensing Authority in the

                                    light of subsequent events as well as taking note of a judgment passed by

                                    this Court in Indrajeet Singh vs. State of U.P. and others, 2021(10)

                                    ADJ 471.


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




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