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2022 Supreme(All) 1545

PRAKASH PADIA
Nahida Fatima Alias Naheed Fatma – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Tanzeel Ahmad, Saumitra Dwivedi.

JUDGMENT :

1. Heard Shri Tanzeel Ahmad, learned counsel for the petitioner, learned Standing Counsel for the State-respondents.

2. The petitioner has preferred the present petition inter-alia with the prayer to quash the order dated 01.11.2019 passed by the Commissioner Bareilly Division Bareilly in Appeal No. 00614 of 2018 filed under Section 18 of the Indian Arms Act, 1959 as well as the order dated 22.03.2018 passed by the District Magistrate, Badaun in Case No. 08 of 2014 under Section 17-(3) of the Act of 1959.

3. Though time was granted to the learned Standing Counsel to file counter affidavit vide order dated 18.03.2021 but till date no counter affidavit has been filed.

4. Today when the matter is taken up, it is argued by the learned Standing Counsel that since pure questions of law is involved in the present case, writ petition could be decided on merits even in the absence of the counter affidavit.

5. Facts in brief as contained in the writ petition are that the petitioner was granted an Arms License in the year 2004 and she never misused the aforesaid arm at any point of time as well as she was never involved in any offence of criminal nature whatsoever. On 03.11.2013 an inci

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