WRIC/17784/2026 of VISHAL VARMA Vs STATE OF U.P. AND 3 OTHERS

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 17784 of 2026 Court No. - 37 HON'BLE VINOD DIWAKAR, J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. The present petition has been filed seeking direction in the nature of mandamus commanding the respondent no.2 to decide the petitioner's application dated 16.10.2025 for renewal of arms license within stipulated time.  3. Learned counsel for the petitioner submits that the petitioner is the holder of a valid arms licence for a revolver/pistol bearing License No. 4803, Police Station Chetganj, District Varanasi, pertaining to revolver No. RP123523, .32 bore. It is submitted that the said arms licence was granted in the year 2011 and had been regularly renewed from time to time without any objection from the competent authority. 4. It is further submitted that upon the petitioner moving an application for renewal of the said licence, respondent no. 2 sought a police report regarding the petitioner's character verification and any pending criminal antecedents. In response thereto, the police submitted a report mentioning three criminal cases against the petitioner, namely: (i) Case Crime No. 29 of 2022, under Sections 406, 419, 420, 504, 506 IPC; (ii) Case Crime No. 47 of 2019, under Sections 120-B, 302 IPC; and (iii) Case Crime No. 48 of 2019, under Section 30 of the Arms Act. 5. Learned counsel submits that the petitioner's licensed revolver as well as the arms licence remained in police custody in connection with Case Crime Nos. 47 and 48 of 2019 since 21.02.2019, and on account of such seizure and custody, the petitioner was unable to apply for timely renewal of the Versus Counsel for Petitioner(s) : Ravi Shankar Vishwakarma Counsel for Respondent(s) : C.S.C. Vishal Varma .....Petitioner(s) State of U.P. & 3 Ors .....Respondent(s) licence.  6. It is further submitted that in both Case Crime No. 47 of 2019 and Case Crime No. 48 of 2019, the petitioner has already been acquitted. The petitioner thereafter applied for renewal of the firearm licence, which had been issued on 29.03.2011 and remained valid up to 30.04.2020. According to learned counsel, all requisite formalities for renewal have already been completed by the petitioner, yet the application has remained pending before the competent authority since the year 2025 without any final decision. 7. Per contra , learned Standing Counsel, on instructions, submits that the petitioner has misused the licensed revolver, which constitutes a serious violation of the conditions of the arms licence and a breach of the trust reposed by the licensing authority while granting such licence. It is further submitted that criminal proceedings involving serious offenses are attributable to the petitioner, including Case Crime No. 29 of 2022 under Sections 406, 419, 420, 504, 506 IPC, apart from Case Crime No. 47 of 2019 under Sections 120-B, 302 IPC and Case Crime No. 48 of 2019 under Section 30 of the Arms Act. 8. Considering the submissions advanced by learned counsel for the petitioner and upon perusal of the material available on record, it is observed that the criminal antecedents attributed to the petitioner are grave in nature and have a direct bearing on public order, public safety, and the maintenance of law and order. The misuse of a licensed firearm, coupled with such serious allegations, clearly disentitles the petitioner from claiming renewal of the arms licence as a matter of right. 9. The continuance or renewal of such licence in favour of the petitioner would be prejudicial to public peace and safety and would frustrate the very object and purpose of regulatory control envisaged under the Arms Act. In such circumstances, no direction for renewal of the arms licence can be issued by this Court. 10. Accordingly, the instant writ petition, being devoid of merit, stands dismissed. May 6, 2026 A. Tripathi WRIC No. 17784 of 2026 2 (Vinod Diwakar,J.) Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad