JUDGMENT Hon’ble S.K. Singh, J.—Heard learned Counsel for petitioner in support of this petition and learned Standing Counsel in opposition thereof. 2. This petition has been filed for a direction to the respondent No. 2 to release petitioner’s fire arm, details of which has been given in the writ petition and in respect to which an application has already been filed by the petitioner on 23.7.2004. 3. As in respect to the facts as on today, there may not be any dispute and therefore, on brief summary, writ petition can be conveniently disposed of. 4. Petitioner is licensee of fire arm which is said to be valid up to 31.12.2007. Petitioner’s claim is that his fire arm was got deposited by the police personnel on account of involvement in Case Crime No. 310/2001 under Sections 147,148, 302/149, IPC, PS Faridpur, Bareilly but at the same, claim is that the criminal case ended in acquittal by the judgment of the competent Court dated 20.12.2003, copy of which has been filed as Annexure 2 to this petition. Petitioner has stated in the writ petition that against the judgment of acquittal so recorded by criminal Court, private person has filed revision against acquittal, but at the same time, it is clear that criminal case in which, petitioner is said to have been involved, has ended in acquittal by order of learned Sessions Judge. Petitioner has moved an application before licensing authority on 23.7.2004 for release of his fire arm. 5. In view of aforesaid, as there may not any quarrel to the proposition that mere pendency of criminal case may not be a ground for cancellation of fire arm licence and at the same time, here is the case where criminal case ended in acquittal and as on today,there appears to be no justification for the respondents to keep fire arm in their custody/possession and thus petitioner has made out a case for grantof relief, as prayed. 6. Accordingly, this petition succeeds and is allowed. The respondent No. 2 is directed that as and when petitioner files application along with certified copy of this order with the prayer for release of his fire arm and he places copy of the judgment of criminal case by which, criminal case has ended in acquittal.
6. Accordingly, this petition succeeds and is allowed. The respondent No. 2 is directed that as and when petitioner files application along with certified copy of this order with the prayer for release of his fire arm and he places copy of the judgment of criminal case by which, criminal case has ended in acquittal. It will be the concern of the licensing authority to pass order of restoration of fire arm licence of the petitioner, unless there is any fresh charge against him. Needed exercise is to be done purposely (sic) within a period of two months from the date of presentation of a certified copy of this order in the manner Indicated above. 7. With the aforesaid direction, this petition stands allowed. Petition Allowed. ———