Introduction:

In a noteworthy decision, the Allahabad High Court ruled that firing a pistol in self-defence does not violate license conditions. The court ordered the release of a pistol to an applicant charged under various sections of the IPC and the Arms Act. The applicant, Sunil Dutt Tripathi, faced allegations of firing with intent to cause harm but argued self-defence.

Arguments from Both Sides:

Sunil Dutt Tripathi moved the High Court challenging the rejection of his application for the release of his licensed pistol and cartridges by the ACJM. His counsel emphasized that no injuries were proven, and the firing was an act of self-defence to protect an individual being assaulted. The court considered the statement of a witness who highlighted the circumstances leading to the firing incident.

Court’s Judgment:

The Allahabad High Court, scrutinizing the facts, concluded that firing in self-defence, especially when facing an aggressive crowd, doesn’t violate license conditions under Section 30 of the Arms Act. The court observed that the applicant and a co-accused had suffered injuries, hadn’t caused harm to anyone, and the air firing was a defensive measure after being beaten. Noting the absence of proceedings for license cancellation, the court deemed the Special Chief Judicial Magistrate’s order as legally unsustainable. Consequently, it set aside the order and directed the release of the pistol, license, and cartridges to the applicant.