The High Court disposed of a Criminal Petition challenging an order denying release of a seized pistol. The court held that since the Police Commissioner had renewed the petitioner's licence, the petitioner must approach the lower court again for release.
Petitioner allowed liberty to approach Court of Magistrate once again for release of pistol.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF DECEMBER 2021
BEFORE
THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION No.1528 OF 2020
BETWEEN
Punith Shetty, Aged about 32 years, S/o M Padmanabha Shetty, R/at No.9-158/2,
Sri Durgamba Kripa, Kuntalpady, Padavu Village, Shakthinagar, Mangalore, D.K.District – 574217. …Petitioner
(By Sri Nishit Kumar Shetty, Advocate)
AND
(By Sri Rohith B J, HCGP for R1)
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This Criminal Petition is filed under Section 482 Cr.P.C praying to set aside the order dated 07.12.2019 made in CR.NO.2/2019 passed by the JMFC VI Court, Mangaluru in respect of application filed by the petitioner u/s 451 r/w 457 of CR.P.C and allow the application filed by the petitioner under section 451 r/w 457 of CR.P.C and release the Pistol, Magazine, 04 Bullets and Gun Book (LICENSE) to the custody of the petitioner.
This Criminal Petition coming on for admission this day, the court made the following:
ORDER
Heard the petitioner’s counsel and the High Court Government Pleader.
petitioner is challenging the order dated 7.12.2019 passed by the JMFC, VI Court, Mangaluru, in Crime No. 2/2019.
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Therefore, the Magistrate came to conclusion that even if application under sections 451 and 457 Cr.P.C was allowed, it would serve no purpose as the petitioner cannot possess the pistol.
Sd/JUDGE
ckl
1 issue framed by the court
Whether the petitioner should be released to custody of his seized pistol, licence being suspended during investigation.
2 provisions across 1 enactments
Punith Shetty
State of Karnataka
Suman Shetty
SREENIVAS HARISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
