Nagesh Laxman Takmoge v. The Deputy Commissioner Of Police And ORS

914)WP2750.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CRIMINAL WRIT PETITION NO. 2750 OF 2015 Nagesh Laxman Takmoge ..

Petitioner

Versus

The Deputy Commissioner of Police, Solapur City, Solapur & Ors.

..

Respondents Mr. S. G. Kudle, Advocate for the petitioner Mrs. M. H. Mhatre, APP for the respondents - State CORAM:-RANJIT MORE & V. L. ACHLIYA, JJ.

DATED : -21/08/2015 P. C.:

Heard Mr. Kudle, learned counsel for the petitioner and Mrs. Mhatre, learned APP for the respondents. By this petition, the petitioner has challenged the order dated 9/6/2015 issued by the respondent No. 1 - Dy. Commissioner of Police, Headquarter Sholapur, directing the petitioner to deposit his fire arm in police Station. Mr. Kudle, learned counsel for the petitioner invited our attention to the provisions of Section 21 of the Arms Act, 19591 and submitted that since the petitioner's arms 1/2

914)WP2750.15 licence is renewed upto 31/12/2016, respondent No. 1 could not have directed the petitioner to deposit fire arm in police station. Mrs. Mhatre, learned APP after taking instructions from Mr. Y. V. Shirke, PSI, C.P. Office, Solapur, stated that during the pendency of the petition a notice dated 19/6/2015 was issued to the petitioner to show cause why the licence of his fire arm should not be cancelled. She submitted that the petitioner has not filed reply to this notice. She also submitted that during the consideration of the proposal of cancellation of petitioner's fire arm licence, the impugned order dated 9/6/2015 shall not be acted upon. The statement is accepted.

In view of the statement of the learned APP, the grievance of the petitioner no more survives. The petition stands disposed of.

(V. L. ACHLIYA, J.) (RANJIT MORE, J.) md.saleem 2/2