- Court
- High Court of Judicature at Allahabad
- Decided
- 12 October 2023
- Case no.
- WRIC 35592/2023
Judgment
Court No. - 6 Case :- WRIT - C No. - 35592 of 2023 Petitioner :- Satya Prakash Upadhyay Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vishnu Pratap Pandey Counsel for Respondent :- C.S.C. Hon'ble Prashant Kumar,J.
¶1Heard Shri Vishnu Pratap Pandey, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
¶2By means of the present writ petition, the petitioner has prayed for a direction in the nature of certiorari quashing the order dated
16.03.2023 as well as order dated 07.08.2013 passed by respondent no. 2 in Case No. 1632/22 (Computer Case No. C202202000001632) Satya Prakash Upadhyay v. State of U.P., and order dated 14.03.2012 passed by respondent no. 3 in Case No. 4/1/1 (State v. Satya Prakash Upadhyay).
¶3The learned counsel for the petitioner prays that he was holder of a Gun Licence No.134/92 (SBBL) No. 29702. He further submits that he was arrested on 19.04.2010 in an offence under Section 302 of IPC. The first impugned order, rejecting his licence, was passed on 16.03.2023. Since he was in jail, he could not pursue the matter. After coming out of jail on 27.04.2022, he moved a recall application on 23.11.2022 before the respondent no. 2. The respondent no. 2 vide its impugned order dated
16.03.2023 rejected the recall application on the ground that the same was filed after a period of nine years. While doing so, the respondent no. 2 did not appreciate the fact that he was in jail and he could not pursue the matter. Learned counsel for the petitioner further submits that, in two cases, he had already been acquitted.
¶4In view of the aforesaid facts and circumstances, the respondent no. 2 is directed to reconsider the recall application dated
16.03.2023 purely on merits keeping in mind the criminal background of the petitioner and also his four criminal cases which were levelled against him.
¶5With the above direction, the instant writ petition is disposed of. Order Date :- 13.10.2023 Rama Kant High Court of Judicature at Allahabad
Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.