Subash v. The District Executive Magistrate

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.17942 of 2025 SUBASH ... Petitioner Vs 1.

THE DISTRICT EXECUTIVE MAGISTRATE CUM DISTRICT COLLECTOR, KRISHNAGIRI, KRISHNAGIRI DISTRICT.

2.

THE SUPERINTENDENT OF POLICE, KRISHNAGIRI DISTRICT, KRISHNAGIRI.

3.

THE INSPECTOR OF POLICE, MATHUR POLICE STATION, KRISHNAGIRI DISTRICT.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, to call for the records with respect of the impugned proceedings passed by the respondent in his proceedings in Mu.Mu.No.23292/2024/C2 dated 14.03.2025 and quash the same consequently directing the Respondent to renewal the pistol bearing licence No.01/2001 (UIN 315690029505522016).

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For Petitioner : Mr.J.Pradeep For R1 : Mr.S.Senthil Murugan Special Government Pleader For R2 & R3 : Dr.C.E.Pratap Government Advocate (Crl.Side)

ORDER

This writ petition is filed challenging the order dated 14.03.2025 made in Mu.Mu.No.23292/2024/C2.

2. The learned counsel appearing for the petitioner submits that for erroneous reasons, the licence has been rejected and without any medical examination of the petitioner, the respondent themselves concluded that the petitioner is under depression.

3. Per contra, Dr.C.E.Pratap, the learned Government Advocate (Criminal Side) appearing for the respondents 2 & 3 submits that there are two First Information Reports pending between the petitioner and his siblings. When there are repeated quarrels, there is a likelihood of misuse of arms and therefore, the application was rejected.

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4. Be that as it may, it can be seen from the impugned order that the licence for arms was refused. In that regard, Section 18 of the Arms Act, 1959 provides an appeal to the appellate authority. The order was passed only on 14.03.2025 and the petitioner has also got time.

5. In view thereof, this writ petition is disposed of with liberty to the petitioner to file an appeal against the impugned order. Consequently, connected miscellaneous petition is closed. No costs. 30.04.2025 nsl Note: Registry shall return the original impugned order to the petitioner so as to enable him to file the appeal.

To 1.

THE DISTRICT EXECUTIVE MAGISTRATE CUM DISTRICT COLLECTOR, KRISHNAGIRI, KRISHNAGIRI DISTRICT.

2.

THE SUPERINTENDENT OF POLICE, KRISHNAGIRI DISTRICT, KRISHNAGIRI.

3.

THE INSPECTOR OF POLICE, MATHUR POLICE STATION, KRISHNAGIRI DISTRICT.

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D.BHARATHA CHAKRAVARTHY, J.

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