Non-disclosure of material facts to the Licensing Authority can lead to the cancellation of a firearm license.

SANGEETA CHANDRA, J.

1. Heard learned counsel for the parties and perused the record.

2. The petitioner challenges the order dated 18.07.2013 passed by the Licensing Authority, District Magistrate, Lakhimpur Kheri, cancelling the fire arm License no.2972 and the order passed in Appeal no.361 of 2012-13 on 11.03.2015 by the Appellate Authority.

3. Learned counsel for the petitioner submits that the order passed by the Licensing Authority, District Magistrate, Lakhimpur Kheri, was ex-parte and the Appellate Authority also rejected the case summarily. This Court has perused the order passed by the Licensing Authority, Lakhimpur Kheri, on 18.07.2018. In the said order it has been mentioned that initially the license was cancelled by the Licensing Authority, and in the appeal the matter was remanded on 11.02.2011 on the ground that the petitioner had been acquitted in the criminal cases said to have been pending against him on the basis of which his License no.2972 had been cancelled. On merits, when the case was argued a fresh, a report was called for from the local police and in the report it has come out that the petitioner had shown a wrong residential address for obtaining fire arm license. The licensee was permanent resident of village Baraichee, Police Station Pasgawan but he had, because of pendency of two criminal cases against him, not disclosed his original place of residence but had shown himself to be the original resident of Gram Baraicha. The Licensing Authority considered the arguments that gram Baraichee and Baraicha are on the border of Police Station Mohammadi and Police Station Pasgawan. The ration card of the petitioner had been issued for Gram Baraicha, Police Station Mohammadi, the driving license as well as license issued for trade in fertilizers was also issued from Gram Baraicha and Domicile Certificate was also issued from the same village falling under PS Mohammadi. The Licensing Authority, has thereafter considered the original order cancelling the fire arm license of the petitioner on 05.08.2010 where it was mentioned that the licensee had been issued the fire arm license on 17.06.2004. The petitioner while applying for the fire arm license had filed an affidavit on 23.10.2003 in which in paragraph no.3 he had mentioned that not even a single case has either been instituted or is pending against him in the entire country.

4. After the license was issued, the petitioner had filed a fresh affidavit in which in paragraph no.6 he had mentioned that in the State of U.P. in no police station any F.I.R. has been filed and in no criminal court any proceedings were pending.

5. The police had? however, reported that even before the license was applied for, the petitioner was an accused in a Criminal Case no.14 of 1990 under Sections 452, 323 IPC and a Criminal Case No.258 of 1996, under Sections 323, 504, 506 IPC read with Section 3 (1) & 10 of the SC/ST Act had already been registered and he was undergoing trial.

6. The Licensing Authority has also recorded that an affidavit was filed by the petitioner before the Appellate Authority? that he had been acquitted in Criminal Case No.14 of 1990, under Sections 452, 323 IPC but it could not be substantiated by him by filing a copy of the acquittal order.

7. The Licensing Authority has cancelled his license on two grounds; firstly due to filing of affidavits concealing material facts from the licensing authority regarding pendency of the criminal cases and secondly that the petitioner had not been able to substantiate his claim of his having been acquitted in Criminal Case No.14 of 1990.

8. Learned counsel for the petitioner has placed reliance upon a co-ordinate Bench decision of this Court in the case of Arun Kumar Singh V. State of U.P. & Others, (2006) 1 JIC 63 . In the said case two grounds had been taken for cancellation of fire arm license; firstly the pendency of criminal case had not been disclosed and secondly the address of the applicant had been wrongly