Madras High CourtWP Crl./482/2026disposed of

Ramkumar v. The Commissioner Of Police

2026-06-25Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-06-2026

CORAM

THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN Dr.Ramkumar S/o.Late. Ramadas, Metrozone, E 304 (Near VR Mall), No.44, Pillaiyar Koil Street, JN Road,Anna Nagar,Chennai 600 040.

..Petitioner(s) Vs

1. The Commissioner of Police Greater Chennai, POL, Chennai - 600 007.

2. Additional Commissioner of Police Greater Chennai, POL, Chennai - 600 007.

3. Inspector of Police F-1, Chindadripet (Law and Order), Chindadripet, Chennai.

4. Inspector of Police Thirumangalam Police Station, Anna Nagar District, Chennai.

(R4 is suomotu impleaded as per the order of this Court dated 23.06.2026 in WP.Crl.No.482 of 2026) ..Respondent(s) Prayer: Writ Petition Criminal filed under Article 226 of Constitution of India praying for an issuance of a Writ of Mandamus to direct the respondent to consider the representation dated 28.11.2025 and consequential representation

For Petitioner(s):

Ms.R.Kanishca For Respondent(s):

Mr.R.Ganesh Kumar Counsel for Government of Tamilnadu (Crl.Side)

ORDER

This Petition has been filed praying direct the respondent to consider the representation dated 28.11.2025 seeking permission to purchase new gun under the valid gun licence.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents and perused the entire documents placed on record.

3. On perusing the entire documents placed on record It is seen that the petitioner was married with one E.Roja @ Rosy Jemina, thereafter, they were separated due to misunderstanding. The petitioner had filed divorce petition as against his wife on the ground of adultery in H.M.O.P.No.795 of 2021 on the file of the Family Court, Chennai and it is pending for adjudication and the petitioner's wife also filed a complaint under Domestic Violence Act in D.V.C.No.122 of 2020 as against the petitioner on the file of the Additional Mahila Court, Chennai. In the said proceedings, the wife of the petitioner filed M.P.No.765 of 2021 seeking an order of shared household/residence, the trial

court, by an order dated 15.07.2022, ordered for residential right in favour of petitioner's wife. Though it was challenged by the petitioner by way of Crl.Appeal No.172 of 2022, the same was dismissed by an order dated 20.07.2023 and aggrieved by the same, the petitioner preferred C.R.P.No.2781 of 2023 before this Court and the same was allowed by an order dated 29.08.2023, wherein the wife of the petitioner was directed to vacate the flat forthwith. In the meanwhile, the wife of the petitioner broke open the petitioner's premises and has stolen several valuable articles including cash, gold, original title deeds, educational certificates, identity card and licensed revolver. Therefore, the petitioner lodged a complaint and the same was registered in Crime No.

319 of 2023 on the file of the Inspector of Police, B-5, Thirumangalam Police Station for offence punishable under Section 380 of IPC. Though the Inspector of Police, filed the final report, no weapon was recovered from the wife of the petitioner, therefore, the Deputy Commissioner of Police, Greater Chennai Police, Annanagar ordered for further investigation and it is still pending.

4. On hearing the submissions from the learned Government Advocate (Crl.side) appearing for the respondents and also on verifying the status report filed by the respondents, it reveals that still the further investigation is pending in Crime No.319 of 2023. That apart, the petitioner is also facing trial in

C.C.No.46 of 2024 for the offences punishable under Sections 406 and 498A of IPC. Further, the petitioner possessed licensed revolver and it is valid till 10.12.2027. Though the petitioner possessed valid licence, now the gun was stolen allegedly by his wife and so far, the investigation officer failed to recover gun from the accused. Though the petitioner is facing trial before the Additional Mahila Court, Egmore, Chennai in C.C.No.46 of 2024 for offences under Sections 406 and 498A of IPC, the petitioner's licence is still in force and not cancelled so far, therefore, merely possessing valid gun licence without the gun, would not serve any purpose, therefore, the petitioner submitted a representation seeking permission to purchase new gun under the valid license.

5. In view of the above, the petitioner is permitted to purchase the new firearm under the existing valid license under Arms License bearing No.A012/TR/F1-LN3158A7A13F17 and produce the same before the 3rd respondent for verification within a period of two weeks from the date of purchase of the new firearm. On verification of the said new firearm and licence, the 3rd respondent is directed to pass orders by permitting the petitionper to use the new firearm under the said licence.

In view of the above, the present writ petition is disposed of. No costs. 25-06-2026 Index: Yes/No Speaking/Non-speaking order ssd To

1. The Commissioner of Police Greater Chennai, POL, Chennai - 600 007.

2. Additional Commissioner of Police Greater Chennai, POL, Chennai - 600 007.

3. Inspector of Police F-1, Chindadripet (Law and Order), Chindadripet, Chennai.

4. Inspector of Police Thirumangalam Police Station, Anna Nagar District, Chennai.

G.K.ILANTHIRAIYAN, J.

ssd 25-06-2026