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Madras High CourtWP/31256/2023disposed of

S.Senthilkumar v. The Commissioner Of Police

2023-11-01Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN S.Senthil Kumar ... Petitioner Vs.

1.The Commissioner of Police Chennai City, Office of the Commissioner of Police, No.132, E.V.K.Sampath Road, Veppery, Chennai - 600 007.

2. The Commissioner of Police, Tambaram Madambakkam Town, Pathuvanchery, Tiruvanchery, Selaiyur, Chennai - 600 126.

... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue Writ of Mandamus to the direct the respondents to pass appropriate orders in the Renewal Application submitted by the petitioner dated 10.12.2009 for renewal of weapon license No.06/2003/TBM dated 31.12.2003 which was subsequently renewed by 3rd respondent vide order dated 12.02.2007.

For Petitioner : Mr. Adinarayana Rao For Respondents : Mr.S.Udaya Kumar Government Advocate (Crl.Side) 1/4

O R D E R

Petitioner herein seeks permission to pass order on his application for renewal of weapon license, which expired on 13.12.2003.

2. Petitioner, who was provided with weapon license from 31.12.2003 and renewed periodically was declined with that license due to his involvement in a criminal case. Earlier, petitioner has approached this Court by way of writ petition seeking mandamus for renewal of his weapon license. This Court by an order dated 30.11.20211 in W.P.No.26774 of 2011, directed the respondent to consider the request for renewal of weapon license. Thereafter, petitioner was enquired by causing show cause notice dated 23.03.2012. According to the petitioner, he participated in the enquiry, but till date there is no order passed as per the directions of this Court passed in the writ petition.

3. The learned Government Advocate (Crl. Side) submitted that, petitioner is facing criminal prosecution for the offence under Section 302 of IPC in C.C.No.64 of 2022 on the file of the Sessions Court, Chengalpet. His request for renewal of weapon license could not be considered for the present.

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4. Considering the above facts, this Court is of the view that, petitioner's earlier application for renewal which was taken up for consideration pursuant to the High Court order passed on 30.11.2011, cannot be revived at this juncture after lapse of twelve years. However, petitioner is at liberty to seek for weapon license after completion of the trial in S.C.No.64 of 2022.

5. With the above liberty, this Writ Petition is disposed of. 01.11.2023 Index : Yes/No Sma 3/4

Dr.G.JAYACHANDRAN,J.

sma To 1.The Commissioner of Police Chennai City, Office of the Commissioner of Police, No.132, E.V.K.Sampath Road, Veppery, Chennai - 600 007.

2. The Commissioner of Police, Tambaram Madambakkam Town, Pathuvanchery, Tiruvanchery, Selaiyur, Chennai - 600 126.

3.The Public Prosecutor, High Court of Madras, Chennai.

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