Karnataka High Court
Sri Panchalingaiah vs The State Of Karnataka on 16 July, 2018
Author: Aravind Kumar
Bench: Aravind Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JULY, 2018
BEFORE
THE HON'BLE MR. JUSTICE ARAVIND KUMAR
WRIT PETITION NO.5449/2018 (GM-POLICE)
BETWEEN:
Sri Panchalingaiah
S/o Late. Venkatappa
Aged about 48 years
No.431/A Hemmigepura Village
Vidyapete Post, Kengeri Hobli
Bangalore-560 050.
...Petitioner
(By Sri H.V.Manjunatha, Advocate)
AND:
1. The State of Karnataka
Home Department
Vidhana Soudha
Bangalore-01.
(Secretary)
2. The Commissioner of Police
Bangalore City
No.2, Infantry Road
Vasanth Nagar, Bangalore-560 051.
... Respondents
(By Sri Vijay Kuamr.A.Patil, AGA)
2
This Writ Petition is filed under Articles 226 and 227 of
the Constitution of India praying to set aside the order
dated:5.1.2018 passed by the Respondent No.1 and
endorsement dated:20.4.2017 issued by the Respondent No.2
at Annexure-A and B and direct the Respondent No.2 to
renew the armed license No.NDAL portal ID
No.3510012292014 and UNIC No.173510002794532014 and
etc.
This Petition coming on for Preliminary Hearing this
day, the Court made the following:
ORDER
Though this matter is listed for preliminary hearing, by consent of learned Advocates appearing for the parties, it is taken up for final disposal. Heard.
2. Petitioner being aggrieved by the order dated 05.01.2018 passed by first respondent rejecting the appeal and confirming the order of rejection dated 20.04.2017 passed by second respondent whereunder, application filed by the petitioner for grant of revolver licence has been rejected, is before this Court.
3
3. Petitioner is said to be a permanent resident of Hemmigepura Village, Kengeri Hobli, Bengaluru and claims to be affiliated to a political party and has also contended that he had contested for the State Legislative Assembly as well as Zilla Panchayath elections. Hence, apprehending danger to his life in the year 2004, petitioner sought for grant of revolver/pistol licence which was granted to him and it was valid up to 11.03.2007. It was renewed from time to time and last renewal was on 30.09.2007 up to 30.09.2016 vide Annexure-C.
4. Subsequently, petitioner filled an application before the second respondent for renewal of said licence by remitting requisite fee on 6.9.2016 (annexure-D) since said licence was coming to an end on 30.9.2016. However, second respondent by a cryptic endorsement dated 20.04.2017 rejected the application without assigning any reasons. Being aggrieved by the same, an appeal came to be filed before the 4 first respondent and said authority having noticed that though certain cases filed against the petitioner had ended in acquittal, a case in CC No.5900/2015 was pending before the jurisdictional Magistrate against the petitioner for the offences punishable under Sections 143, 145, 341 r/w. 149 of IPC and as such, rejected the appeal by granting liberty to the petitioner to approach the second respondent after disposal of the said case.
5. Learned Additional Government Advocate appearing for the respondents has supported the impugned orders and has fairly submitted that case, which is pending, related to unlawful assembly and petitioner is said to have participated in said protest along with others and as such he has been arraigned as an accused. If that is the only case which is pending against the petitioner, that by itself would not be a ground on which application submitted by the petitioner could have been rejected.
5
5. In that view of the matter, this Court is of the considered view that impugned order cannot be sustained.
6. Hence, the following:
ORDER
(i) Writ petition is hereby allowed.
(ii) Order dated 05.01.2018 (Annexure-A) and order dated 20.04.2017 (Annexure-B) are hereby quashed.
(iii) Matter is remitted back to second respondent for adjudication and disposal of the application filed by petitioner afresh.
Observations made hereinabove shall be kept in mind by 2nd respondent while adjudicating said application and same shall be disposed of expeditiously and at any rate within a 6 period of six weeks from the date of receipt of certified copy of this order.
Ordered accordingly.
SD/-
JUDGE SA