IMPORTANT POINT
An arms license cannot be cancelled solely on the basis of the pendency of a criminal case, and the significance of acquittal, whether based on benefit of doubt or not, should be considered in such cases.

JUDGMENT :

ABDUL MOIN, J.

1. Heard learned counsel for the petitioner and Shri Rahul Shukla, learned Additional Chief Standing counsel for the respondents.

2. The instant petition has been filed praying for the following main relief:

“(i) Issue a writ, order or direction in the nature of certiorari thereby quashing of the impugned order dated 18.01.2023 passed by opposite party No. 1 in Case No. 00462 of 2021 (Santosh Kumar vs. State), Computerized Case No. C202108000000462, under Section 18 of Indian Arms Act, 1959 and order dated 18.03.2021 passed by opposite party No. 2 in Case No. 00485/2021 Computerized Case No. D202108150000485, State vs. Santosh Kumar, under Section-17 (3) of Indians Arms Act, 1959, as contained in Annexure Nos. 1 & 2 respectively to this writ petition.”

3. The case set forth by learned counsel for the petitioner is that the petitioner was having an arms license. An incident occurred on 17.03.2020, on the basis of which an FIR was lodged against the petitioner and certain other persons on 18.03.2020 under Sections 147, 148, 149 and 302 of the IPC. The case was registered as Case Crime No. 78 of 2020. After issuance of show cause notice and after considering the reply of the petitioner, the competent authority vide order dated 18.03.2021, a copy of which is Annexure No. 2 to the writ petition, considering the pendency of the said criminal case, has cancelled the arms license of the petitioner.

4. Being aggrieved, the petitioner filed an appeal, which too has been rejected vide order dated 18.01.2023, a copy of which is Annexure No. 1 to the writ petition.

5. Being aggrieved by both the orders impugned, the instant writ petition has been filed.

6. The contention of learned counsel for the petitioner is that it is settled proposition of law that mere pendency of a criminal case cannot be a ground to cancel the arms license of the petitioner. In this regard, he has placed reliance on the judgment of this Court in the case of Pramod Kumar vs. State of U.P. 2010 (5) ADJ 594 as well as the case of Mukesh Kumar Yadav vs. Commissioner, Lucknow, 2017 (35) LCD 2017.

7. The contention is that despite the aforesaid law as laid down by this Court, the competent authority by simply considering the criminal case lodged against the petitioner has cancelled the arms license of the petitioner. He further states that the petitioner has already been acquitted in the said criminal case by the competent criminal court vide judgment and order dated 31.05.2022, a copy of which is Annexure No. 4 to the writ petition, as such even the said ground no longer exists and consequently, there cannot be any occasion for continuance of the aforesaid orders.

8. On the other hand, Shri Rahul Shukla, learned Additional Chief Standing states that a perusal of the acquittal order dated 31.05.2022 would indicate that the petitioner has been granted acquittal on the basis of benefit of doubt.

9. Placing reliance on the judgment of this Court in the case of Indrajeet Singh vs. State of U.P. and Others, 2021 (10) ADJ 471, it is argued that this Court has held that where the acquittal is on the basis of benefit of doubt and not honorable acquittal the same may not resile from the fact that the petitioner has got criminal antecedents and as such there cannot be any occasion for continuance of arms license and thus it is prayed that no interference is required with the orders by which the arms license has been cancelled and the order by which the appeal filed by the petitioner has been dismissed.

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

11. From the perusal of the record, it emerges that on account of an incident which occurred on 17.03.2020, an FIR was lodged against the petitioner on 18.03.2020 under Section 148, 149, 149 and 302 of the IPC, which was registered as Case Crime No. 78 of 2020. During the pendency of the said case, after issuance of a show cause notice, the competent authority has cancelled the arms license of the petitio