Disposed

Shaik Abdul Ghani Miah, Hyd. v. Prl. Secy., Home Dept. and 2 Ors.

Andhra Pradesh HC7 Feb 2024WP/24205/2014

Case brief

AI extract

What is this about?

Petitioner sought renewal of a gun licence not renewed since expiry amid a triple murder case and rowdy sheet; he was later acquitted and the rowdy sheet closed. With no pending cases, court disposed of the petition directing a fresh application be considered within four months.

What did the court decide?

Direction to petitioner to file fresh renewal application; respondents to consider it and pass orders within four months in accordance with law; no costs.

Shaik Abdul Ghani Miah, Hyd. Vs Prl. Secy… — Writ and Judicial Review | Andhra Pradesh HC (2024)

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THE HON’BLE DR.JUSTICE K.MANMADHA RAO

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WRIT PETITION No.24205 of 2014

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ORDER :

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The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

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“...to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2^nd respondent in not renewing the petitioner’s Gun License L.Dis.No.747/91 dt.23.2.1991 expired on 30.6.2013 as illegal, improper, unjust and contrary to law and further direct the respondents to renew the petitioner’s Gun license and pass such order or orders...”

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Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home for the respondents.

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When the matter is taken up today, learned Assistant Government Pleader for Home has submitted the written instructions, dated 08.02.2024, of the Station House Officer, Gospadu Police Station, Nandyal District, in which it is stated as follows:

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“The petitioner Shaik Abdul Gani Miah of Jillella village, Gospadu Mandal has been filed this writ petition for renewal of his weapon licence. He is requesting that he was involved in triple murder case

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in the year 2012. His weapons 315 NP Bore Rifle and DBBL 12 Bore Gun were involved in the above case. On 10.1.2022 the case was acquitted and his weapon was not proceed for renewal.

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It is further humbly submitted that on 16.12.2012 at 19.40 hrs in Jillella Village, Gospadu Mandal the petitioner Shaik Abdul Gani Miah of Jillella Village, Gospadu Mandal along with others formed into a group and armed with fire arms (guns) and attacked on the mob caused death of 1.Pidugu Nadipi Nagaiah @ Dubbanna 2. Mangali Venkata Subbaiah and 3. Panjugula Murali and also injuries to some others. The above incident is subject matter of Cr.No.89/2012 u/s.143,147,324,307 r/w 149 IPC and sec 25(iB)27(2) Arms Act of Gospadu PS.

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During the investigation the petitioner Shaik Abdul Gani Miah was arrested and also seized his licenced weapons 315 NP Bore Rifle and DBBL 12 Bore Gun were and sent him for remand. Subsequently the case was charged and the same was acquitted by the V ADJ Court, Allagadda vide SC No.179/2017 dt.10.01.2022.

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Due to involvement of triple murder case and his attitude, a Rowdy sheet was opened against the petitioner Shaik Abdul Gani Miah vide sheet No.41 since 30.08.2013. Due to acquittal of his murder case, the petitioner Shaik Abdul Gani Miah approached the Hon’ble High Court of AP, Amaravathi and caused close of his Rowdy sheet on 31.12.2022.

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The petitioner whenever applied for renewal of his weapon licence, it was kept pending due to involvement of triple murder case by using the above weapon. At present the seized weapon of petitioner was under safe custody of Hon’ble Court concerned in Cr.No.89/2012 of Gospadu PS.”

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As per the written instructions, dated 08.02.2024, no criminal cases are pending against the petitioner herein and hence, this Court is of the opinion to dispose of this writ petition with a direction to the petitioner to file a fresh application for renewal of his gun licence and on receipt of such application, the respondent authorities are directed to consider the same and pass appropriate orders, within a period of four months, in accordance with law.

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Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

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As a sequel, interlocutory applications, if any pending, shall stands closed.

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_____________________ DR. K.MANMADHA RAO, J.

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Date : 08.02.2024 SPP

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THE HON’BLE DR.JUSTICE K.MANMADHA RAO

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W.P.No.24205 of 2014

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Date: 08.02.2024

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SPP

Shaik Abdul Ghani Miah, Hyd. v. Prl. Secy., Home Dept. and 2 Ors.

Case brief

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Shaik Abdul Ghani Miah, Hyd. v. Prl. Secy., Home Dept. and 2 Ors.

Case brief

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