E-Paper
Firing in self-defence does not violate Arms Act provisions: Allahabad HC
The Allahabad High Court has ruled that firing in self-defence from a licensed firearm is not a violation of the Arms Act, 1959. The court made this observation while passing an order on a petition. The court stated that the police do not have the right to seize a firearm used in self-defence. The case involved a petitioner who used his licensed firearm in self-defence when attacked by some individuals. The petitioner's firearm was seized by the police, but the high court quashed the lower court's order and ruled in favor of the petitioner.
The Lucknow bench of the Allahabad high court has ruled that firing in self-defence from a licensed firearm does not violate provisions of the Arms Act, 1959. A single judge bench of Justice Subhash Vidyarthi made this observation while passing the order on the petition of one Sunil Dutt Tripathi on January 5.
Advocate Ishan Baghel appeared before the court on behalf of the applicant. Advocates Sagar Singh and Umang Rai assisted Baghel during proceedings of the court. “Police does not have the right to seize a firearm if it is used in self-defence. In my case also, the high court clearly pointed out this thing quashing the lower court’s order,” said advocate Ishan Baghel.
In this case, petitioner Sunil Dutt Tripathi had used his licensed firearm in self-defence when some persons attacked him at a residential colony under Ghazipur police station in the state capital in January 2023.
After the Resident Welfare Association of the society lodged an FIR against Sunil Dutt Tripathi and his friend Sachin Sharma, who was present with him at the time of incident, on January 14, 2023, at the Ghazipur police station, the cops seized Tripathi’s gun and four cartridges.
Tripathi moved an application in the lower court seeking release of his gun. However, the court rejected the application. Thereafter, he moved the high court.
