Chakranath Shukla v. State of U.P. and 2 Others

Court No. - 40 Case :- WRIT - C No. - 30381 of 2023 Petitioner :- Chakranath Shukla Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Subhash Chandra Tiwari,Shakti Shanker Tiwari Counsel for Respondent :- C.S.C.,Dinesh Mishra Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

¶1Heard Shri Subhash Chandra Tiwari, learned counsel for the petitioner; Sri Devesh Vikram, learned Additional Chief Standing Counsel for State-respondents and Sri Dinesh Mishra, learned counsel for contesting respondent no.3.

¶2The present writ petition is preferred for a direction commanding the respondents to cancel the firearm license of the contesting respondent. The dispute is inter se between father and son. The petitioner, who claims to be father of respondent no.3, alleged that his son had obtained the gun licence with some misrepresentation. Once it was brought to the notice of the petitioner, he made a complaint to the respondent authorities and even thereafter lodged a First Information Report. In support of his submission, learned counsel for the petitioner has placed reliance on an inquiry, which was made by the respondent authorities regarding complaint. He submits that it is not disputed that the license was obtained through misrepresentation.

¶3Per contra, Shri Dinesh Mishra, learned counsel for contesting respondent states that his client has already deposited the fire arm at the Laxmi Gun House, Prayagraj on 2.9.2022. He has no objection in case the complaint of the petitioner is decided on merits.

¶4Shri Devesh Vikram, learned Additional Chief Standing Counsel submits that the complaint of the petitioner is already entertained and fact finding inquiry is also conducted. In case, leave is accorded definitely the Licensing Authority may process the complaint of the petitioner as per law.

¶5Considering the facts and circumstances, we are not inclined to keep the matter pending consideration. We dispose of the petition with direction to the District Magistrate, Prayagraj to consider the grievance of the petitioner strictly in accordance with law. Order Date :- 28.11.2023 Manish Himwan High Court of Judicature at Allahabad