Umesh Chandra Gupta vs State Of U. P. Thru Secy.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(All) 1291

Umesh Chandra Gupta – Appellant
Versus
State Of U. P. Thru Secy. – Respondent

Advocates Appeared:
For The Appellant : Prabha Shankar Pandey, Santosh Kumar Pandey, Shobhit Pathak
For The Respondent: C.S.C.

JUDGMENT :

Chandra Kumar Rai, J.

1. Heard Sri Santosh Kumar Pandey, learned counsel for the petitioner, learned Standing Counsel for the State and perused the record.

2. The present writ petition has been filed by petitioner under Article 226 of the Constitution of India with the following prayers:

“(i) issue a writ order or direction in the nature of certiorari quashing the impugned order dated 11.1.2013 passed by the respondent no.2 (Annexure no.1 to this writ petition) and order dated 5.9.2013 passed by the respondent no.3 (Annexure no.2 to this writ petition).

(ii) issue a writ order or direction in the nature of mandamus commanding the respondents to return/issue the arm licence no. A.B. 13832017 of the petitioner.

(iii) issue a writ order or direction which this Hon’ble Court may deem fit and proper under the circumstances of the case.

(iv) Award the cost to the petitioner.”

3. Brief facts of the case as stated in the writ petition are that petitioner was granted an arms licence for rifle bearing no. A-B 13832017 after due enquiry. A criminal case bearing Case No.1189 of 2010, under Sections 452, 323 504, 506 and 427 I.P.C. was lodged against the petitioner by his brother which was p