Allahabad High Court
MOHD. FAROOKHversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
A fresh application for an arms licence may be considered without being influenced by the observations in the impugned orders, subject to law and a fresh police report.
Summary
Petitioner Mohd. Farookh's arms licence was cancelled on the ground of his involvement in a criminal case, although he was later acquitted. He appealed the cancellation, but the appeal was dismissed. The petitioner sought permission to file a fresh application for a licence, arguing that the earlier orders were dated 2016 and should not prejudice a new application based on a fresh police report. The Court observed that a fresh application may be considered by the concerned authority without being influenced by the observations in the impugned orders, provided it is decided in accordance with law and a fresh police report. Accordingly, the writ petition was disposed with this direction.
Issues considered
- Whether the petitioner is entitled to file a fresh application for an arms licence after the earlier cancellation and dismissal of his appeal.
- Whether observations made in the earlier cancellation orders bind the authority when the petitioner files a fresh application.
Subjects
- arms licence
- cancellation
- acquittal
- fresh application
- police report
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 582 of 2017
Mohd. Farookh
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Brijesh Kumar Kesharwani, Harish Chandra
Mishra, Poonam Yadav, Raj Karan Yadav,
Yadvendra Kumar Yadav
Counsel for Respondent(s) : C.S.C.
Court No. - 36
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Yadvendra Kumar Yadav, learned counsel for the petitioner and Sri
P.Tripathi, learned Standing Counsel.
2. Petitioner's arms license was cancelled vide an order dated 7.7.2015 and appeal
thereof was also dismissed vide an order dated 29.9.2016.
3. It is a specific case of the petitioner that his arms license was cancelled on a ground
that he was involved in a criminal case. Though later on he was granted acquittal. This
fact was brought into the notice of authorities, however, still considering the nature of
acquittal and certain other informations, impugned orders were passed.
4. Learned counsel for the petitioner submitted that since the impugned order was
passed in the year 2016 i.e. a decade ago, therefore, he may be permitted to file a fresh
application for arms license since even the restoration of arms license requires a fresh
order on basis of a fresh Police Report and further prayed that any observations made
in the impugned order may not come in the way if petitioner files a fresh application
for arms license.
5. Taking note of above fair submissions, this writ petition is disposed of with an
observation that in case petitioner files a fresh application for arms license, same shall
be considered by the concern authority in accordance with law, without being
influenced with any observations made in the impugned orders and same be decided in
accordance with law on basis of a fresh Police Report.
(Saurabh Shyam Shamshery,J.)
September 24, 2026
SB
Digitally signed by :-
SANDEEP BHATTACHARYA
High Court of Judicature at Allahabad
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