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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
KUNAL RAVI SINGH
Yogendra Prasad – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. petitioner's license was cancelled based on alleged violations. (Para 2 , 3) |
| 2. arguments about cancellation being arbitrary and unjustified. (Para 4 , 5) |
| 3. failure to meet rule 32 requirements for cancellation. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. petitioner cannot be penalized without rule 32 application. (Para 14 , 15) |
| 5. writ petition allowed, orders quashed, license restored. (Para 16 , 17) |
JUDGMENT :
KUNAL RAVI SINGH, J.
1. Sri R.C. Yadav, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
2. The present writ petition has been filed inter-alia for the following relief :
"(i) Issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 13.07.2022 passed by Commissioner, Varanasi Division, Varanasi in Appeal bearing Case No.1329/2021, Computerized Case No.202114000001329, Yogendra Prasad Vs. State of U.P., under Section 18 of the Indian Arms Act and the order dated 09.08.2021 passed by District Magistrate, Ghazipur in Case No.D-202014290000593 under Section 17(3) of the Indian Arms Act, State of U.P. Vs. Yogendra Prasad (Annexure No.9 and 6 to the writ petition respectively) with all its
Authorities must substantiate violations of licensing rules with clear evidence; arbitrary cancellation of arms licence based on unfounded allegations is unlawful.
The court determined that license cancellation under Rule 32 requires clear evidence of violations, which were absent in this case.
Authorities must provide clear evidence of violation for the cancellation of a firearm license; reliance on vague police reports is insufficient.
A firearm licence cannot be cancelled without prior notice to the holder, especially when no conviction has occurred.
The High Court will not entertain a writ petition under Article 226 when an adequate statutory remedy exists, requiring the petitioner to exhaust the appeal process under the Arms Act before seeking ....
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