Allahabad High Court
ASHWANI KUMARversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The court held that the petitioner was not entitled to a transfer of the arms licence and dismissed the writ petition.
Summary
The petitioner, Ashwani Kumar, filed a writ petition seeking transfer of an arms licence originally issued to his father. The trial court had rejected the transfer on the ground that the petitioner was facing a criminal trial. The petitioner contended that a final report had been filed and accepted, which should permit the transfer, and argued that the police report dated 17‑May‑2020 indicated the final report was not accepted and no record of acceptance existed. The respondent, the State of U.P., relied on the earlier order rejecting the transfer. The High Court examined whether the pending criminal trial disqualified the petitioner despite the alleged acceptance of the final report. Finding no satisfactory evidence of acceptance and noting the statutory bar on licence transfer for persons under criminal trial, the Court dismissed the petition. Consequently, the writ petition was disposed of.
Issues considered
- Whether a pending criminal trial disqualifies a person from obtaining a transfer of an arms licence.
- Whether the alleged acceptance of a final report can override the statutory disqualification.
- Whether the order rejecting the transfer was legally valid in the absence of a record of final report acceptance.
Subjects
- arms licence
- transfer of licence
- criminal trial
- final report
- writ petition
- disqualification
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 39759 of 2026
Ashwani Kumar
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Vijay Bahadur Shivhare
Counsel for Respondent(s) : C.S.C.
Court No. - 36
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard learned counsel for the parties.
2. Petitioner has filed an application for transfer of arms license issued to
his father, however, the same was rejected by the impugned order dated
9.3.2026 on a ground that petitioner is facing criminal trial. However,
according to learned counsel for the petitioner in the said case, Final
Report was filed and later on it was accepted also, therefore, a liberty is
granted to the petitioner to file a recall application along with requisite
documents since police report dated 17.5.2020 indicates that Final Report
was not accepted. Otherwise also, the order of acceptance of Final Report
is not on record.
3. Writ Petition is accordingly disposed of.
(Saurabh Shyam Shamshery,J.)
September 30, 2026
SB
Digitally signed by :-
SANDEEP BHATTACHARYA
High Court of Judicature at Allahabad
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