Writ petition seeking direction to release seized pistol post-acquittal in criminal trial. Court disposed of petition directing petitioner to make representation to police for weapon release.
Petitioner directed to make representation regarding weapon release within two weeks; Respondent No.3 to take appropriate action thereafter.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
FRIDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITIO N NO: 19272 0F 2023
Between:
Nevuri Venkat Reddv. S/o: Mallareddy, aged. about S0 years, Occ. Business, R/o H No.'r0-407, yeilareddipeivirr-rr#Lrz Mriio"r'i, il;rnn" Sircifia District.
...PETITIONER
AND
...RESPONDENTS
Petition under Articre 226 of rhe constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or direction more particurarry one in the nature of writ of Mandamus to decrare the inaction of the respondents in handing over pistor bearing No. RP 123343-2oos pistor 7.65 mm (0-320) which was seized in cr.No. 1412015 of PS. Mustabad for offence punishabre u/s 336 of rpc riw 27 (1) and 3o of Arms Act 1959 even after the said case ended in acquittar vide judgment dated 01-09-2022 in c.cNo. 17212015 by principar Judiciar Magistra{e of First crass at sircilla as illegal, arbitrary and violative of the Arms Act 1959, violative of Article 14 and 21 of the Constitution of lndia.
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lA NO: 1 OF 2023
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may ce pleased to direct the respondent No.3 to hand over pistol bearing No. RP 1233.43-2005 Pistol 7.65 mm (0-320) to the petitioner as C.C.No 172 OF 2015 ended in acquittal, pending disposal of the main writ petition.
Counsel for the Petitioner: SRI T SURYA SATISH
Counsel for the Respondents: GP FOR HOME
The Court made the following: OROER
HON'BLE SRI JUSTICE C.V. BHASKARREDDY WRIT PETITION No.19272 of 2o23
ORDER:
This writ petition is fited seeking thefollowing relief:-
"...to issue a writ, order or direction more particularly one in the. nature of writ of mandamus to declarethe inaction of the respondents in handing over.pistol bearing No.RP 123343-2005 Pistol 7.65 mm {O-32O) which was seized in Crime No. 15 of2O 15 ofP.S. Mustabad for the offences punishable under Section 336 of I.P.C. read with Section 27(1) and, 30 ofthe Arms Act, 1959 even after the said caseended in acquittal uil.ejudgment, dated 01.O9.2O22in C.C.No.172 of 2O15 by Principal JudicialMagistrate of First Ciass at Sircilla as iilegal, arbitrary..."
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(1) and 30 of the Arms Act, 1959. In ptr rsu ance of the registration of the said crime, the weapon of ttLe petitioner was seized as SI.No.89 of 2015. After conducting investigation, charge sheet has been laid and the same was taken cognizance as C.C.No.172 of 2015 and ttre said case was ended in acquittal by the principal Judicial Magistrate of First Class, Sircilla, uid_e judgment, dated O1.O9.2022. The learned Magistrate while acquitting the petitioner, the unmarked case property i.e., r.veapon of the petitioner was directed to be forwarded to the District Armory, Superintendent of Police, Kapimnagar. It is the fi_rrther case of the petitioner that he had applied for renewa.l of licence and accordingly the same was renewed upto 2t9.O7.2O2g with a direction to produce the weapon before the licensing authority for inspection uid"e proceedings in File No.C2/1982/2022, dated 30.01.2023. In pursuance of the said proceedings, the petitioner filed a petition before the Principal Judicial Magistrate of First Class, Sircilla but the said petition was returned s tating that the weapon was
3
CVBR. J wp 1927). 202.3
forwarded to respondent No.3 herein. Hence,present writ petition.
I \
I
CVBR. J ',\p I9273 202.i
C.C.No. I72 of 2015 was ended in acquittaland1.he weapon of the petitioner, whichwas seizedas S1.No.89 of 12015 was deposited before Reserveinspectorof Police (Admn.), DAR, Rajanna Sirci1la, this Court, fleems itappropriate: to dispose of the writpetition, permitting thepetitioner trr make an appropriate representation beforerespondent No.3 withina period of two (O2) weeks lrom the date of receipt ofa copy of this order, seeking for release of hisweapon and if such an application is made, respondent No.3 is directed totake appropdate action for release of theweaponin accordance with law, within two (O2) weeks thereafter.
SD/- P. PADMANABHA REDDY ASSTS'rANT REGTSTRAR //TRUE COPY// v
SiECTION OFFICER
TJ GJP
{ -
HIGH COURT
DATED:01 11212023
ORDER
WP.No.19272 of 2023
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DISPOSING OF THE WRIT PETITION
WITHOUT COSTS.
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6
Nevuri Venkat Reddv
The State of Telangana
The Superintendent of police, Rajanna Siricilla District
The District Armory Superintendent of police, Karimnagar
The station House officer, siricila Rural porice, Rajanna siricifla District
C.V. BHASKAR REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
