IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) u'>' TUESDAY ,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE X !k7/ PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 21163 OF 2024 Between: P.V.Midhun Reddy, S/o. Dr.P.Ramachandra Reddy Aged about 47 Years Occ Member of Parliament R/o D.No. 10-34, Maruthi Nagar MR Palli, Tirupathi ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Home Department, Secretariat building, Velagapudi, Guntur District. 2. The Superintendent of Police, Tirupati, Tirupati District. 3. The Deputy Superintendent of Police, East Sub Division, Tirupati. 4. The Circular Inspector, University Police Station Tirupati. 5. The Station House Officer, SVU Campus Police Station Tirupati. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, direction order, or orders, particularly in the nature of a Writ of Mandamus, declaring the inaction of the respondents in releasing the petitioner's weapons i.e. 1) 32 Revolver bearing No.AAF6431 made in USA; 2) 22 Caliber Pistol bearing No. 135360 LR Made in Germany surrendered by the petitioner pursuant to the Model Code on Conduct before the 5th respondent as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India and consequently direct the respondents to release the said weapons lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased direct the 5th respondent to release the petitioner’s weapon (22 Caliber Pistol bearing no. 135360 LR Made in Germany) forthwith. Counsel for the Petitioner: SRI. KALLA GUNA SEKHAR Counsel for the Respondents: GP FOR HOME The Court made the following: ORDER W.P.NO.21163OF2024 DT: 07.01.2025 BVLNC.J APHC010414622024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY-FIVE PRESENT HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 21163/2024 0MB [3368] THE Between; 1.P.V.MIDHUN REDDY, S/0. DR.P.RAMACHANDRA REDDY_ aged ABOUT 47 YEARS, OCC MEMBER OF PARLIAMENT R/O D.NO. 10-34, MARUTHl NAGAR, MR PALLI, TIRUPATHI. ...PETITIONER AND PRADESH, REP. BY ITS PRINCIPAL SECRETARIAT 1.THE STATE OF ANDHRA SECRETARY BUILDING, VELAGAPUDI, GUNTUR DISTRICT. DEPARTMENT, HOME POLICE, TIRUPATI, TIRUPATI 2.THE SUPERINTENDENT OF DISTRICT. 3.THE DEPUTY SUPERINTENDENT division, TIRUPATI. 4.THE CIRCULAR INSPECTOR, UNIVERSITY POLICE STATION TIRUPATI, OF POLICE, EAST SUB BVLNC.J W.P.NO.21163OF2024 DT: 07.01.2025 5.THE STATION HOUSE OFFICER, SVU CAMPUS POLICE STATION TIRUPATI. ...RESPONDENT(S): Counsel for the Petitioner: 1.KALLAGUNASEKHAR Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: I W.P.No.21163 OF 2024 DT: 07.01.2025 BVLNC.J % THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI WRIT PETITION NO: 21163 OF 2024 ORDER: The Writ Petition is filed under Article 226 of the Constitution of India seeking relief to issue an appropriate writ, direction, order, particularly in the nature of a Writ of Mandamus, declaring the in-action of the respondents in releasing the petitioner's weapons i.e., 1) 32 Revolver bearing No.AAF6431 made in USA 2) 22 Caliber Pistol bearing No. 135360 LR Made in Germany surrendered by the petitioner pursuant to the Model Code on Conduct before the 5th respondent as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of and consequently direct the respondents to release the said India weapons. Sri V.R.N.Prasanth, learned counsel representing Sri learned counsel for petitioner and Smt.A.Jayanthi, learned Government Pleader for Home. 02. Heard K.Gunasekhar, The contention of the petitioner in brief is that the petitioner is a Parliament (M.P.) from Rajampeta Parliamentary 03. Member of Constituency and has been earlier elected as Member of Parliament for two terms, and in the year 2007, considering the threat to his life. granted arms license on 01.05.2007, and since then, his license is being renewed from time to time and lastly his arms license is renewed till 05.05.2027. W,P.No.21163 OF 2024 DT; 07.01.2025 BVLNC.J It is further contended that subsequent to implementation of Model Conduct by the Election Commission in respect of elections in March 2024 and the petitioner had Code of the State of Andhra Pradesh in deposited the above said two weapons on 22.03.2024 before the 5th for safe custody under acknowledgement dated 22.03.2024. respondent further contended that subsequent to completion of elections and declaration of election results, the Election Commission has Code of Conduct. The petitioner made a the respondents for return of his but the respondents did not return the same to the petitioner, contended ^.hat the petitioner has a serious threat to his life and in view of the same, he again submitted representation on respondent and inspite of the same, the said not returned to the petitioner. It is withdrawn the Model representation on 15.06.2024 to weapons. It is further nd 05.08.2024 to the 2 weapons were th respondent filed counter affidavit. The contention of the 5 had involved in several criminal th 04. The 5 respondent in brief is that the petitioner and there are chances of mis-using the weapons in threatening the witnesses. The petitioner is a M.P. of YSR Congress Party and he trying to enter Rajampeta cases along with lot of his supporters are Parliamentary Constituency creating law and order problems. further contended that if a quarrel occurrs between the and the other party people, and there may be a chance of mis- It is petitioner using the weapons for his poiiticai gain. After circumstances settle down, the 5'" respondent wiil reiease the said weapons. The petitioner was already provided with 1+1 PSOs after evaluating the inputs from various *? W.P.No.21163 OF 2024 DT: 07.01.2025 BVLNC.J % having of Threat Perception Report (TPR). The petitioner is not having any immense threat to his life. The learned counsel for the petitioner would submit that the petitioner has deposited his licensed fire arms before the 5**^ respondent per the notice of the S'*" respondent in view of the ensuing general elections to be held in the month of May/June, 2024. sources 05. as He would further submit that the petitioner is in possession of the impugned fire arms as per license issued on 01.05.2007, which has been renewed from time to time as per law, and the same is in force till 05.05.2027. But the respondents/police are refusing to return the same even after conclusion of election process. without any reason He would further submit that the petitioner was elected as Member of Parliament (M.P.). The petitioner is having life threat from various and therefore, he is in need of fire arms to protect his life. The respondents/police are refusing to return the same, and such refusal infraction of the rights of the petitioner and also violation of persons amount to fundamental rights as laid down in the Constitution of India. In those the petitioner approached this Court under Article 226 of of India, seeking direction to the respondents/police for circumstances, the Constitution return of the fire arms. Smt.A.Jayanthi, learned Government Pleader for 06. Per contra. Home would submit that many criminal cases were registered against and if the fire arms are returned the petitioner as stated in the Counter to the petitioner, he may endangering it illegally against the public and others use their lives. Therefore, the respondents/police did not return W.P.No.21163 OF 2024 DT: 07,01.2025 BVLNC.J 97$ { the fire arms to the petitioner. There are no grounds to consider the ’ request of the petitioner, and there is no cause of action for filing writ petition by the petitioner. In the light of above rival contentions, the point that would arise for consideration in this Writ Petition is as under: 07. Whether the petitioner is entitled to the relief as prayed for'’? 08. POINT: There is no dispute that the petitioner is having a licence to possess fire arms, renewed in the year 2023 till 05.05.2027. Further, there is no dispute that the petitioner deposited' the said fire arms with respondent, in the light of general elections, 2024 held in • th the 5 May/June, 2024. There is no dispute that the general elections were completed. The petitioner contested in the said elections and elected as Member of Parliament (M.P.). The contention of the petitioner is that the 5*" respondent/poli ce refused to return the firm arms without any legal ground, and therefore, it amounts to violation of his fundamental rights. 09. The contention of the learned Government Pleader for Home is that many criminal cases were registered against the petitioner as mentioned in the counter, and there is every likelihood of petitioner using the impugned fire arms against the innocent persons endangering their lives. 10. BVLNC.J W.P.NO.21163OF2024 DT; 07.01.2025 Perusal of the counter affidavit would show a list of cases registered against the petitioner. They pertain to the year 2015, 2016, 2017 and 2019. It is an admitted fact that the license of the petitioner to possess fire arms was renewed till 05.05.2027. Therefore, the license was renewed subsequent to registration of the above cases without any objection that cases were registered against the petitioner. 11. The counter affidavit of the 5 respondent/police would disclose that all the cases mentioned in the counter affidavit are no longer pending, and the petitioner was acquitted in all those cases. No cases were registered against the petitioner earlier for mis-use of the arms for his own benefit or that he threatened any person violating the terms and conditions of the license. 12. There is no material on record to show that the petitioner at any time used or made attempt to use the impugned firm arms violating the license terms and conditions. Therefore, on mere apprehension, the 5 respondent/police cannot refuse to release the weapons deposited by the petitioner, when license is in force till 05.05.2027. 13. th In the light of above facts and circumstances, this Court is of the considered opinion that refusal to return the firm arms to the petitioner would amount to violation of rights of the petitioner, and the Arms Act, 1959. 14. In the result, the Writ Petition is allowed. The 5‘^ respondent shall consider the representation of the petitioner for release of the weapons forthwith, and release the same to the petitioner within two (02) weeks from the date of receipt of copy of this order. If the petitioner after 15. BVLNC.J W.P.NO.21163OF2024 DT: 07.01.2025 release of the weapons, violates any term or condition of the license, the ' respondents/police are at liberty to initiate necessary action against the petitioner as per law. There shall be no order as to costs. As a sequel, interlocutory applications pending, if any, in this Writ Petition shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary Home Department, Secretariat building, Velagapudi, Guntur District. 2. The Superintendent of Police, Tirupati, Tirupati District. 3. The Deputy Superintendent of Police, East Sub Division, Tirupati. 4. The Circular Inspector, University Police Station Tirupati. 5. The Station House Officer, SVU Campus Police Station Tirupati. 6. One CC to Sri. Kalla Guna Sekhar, Advocate [OPUC] 7. Two CCs to GP for HOME ,High Court Of Andhra Pradesh. [OUT] 8. Three CD Copies vna HIGH COURT DATED:07/01/2025 ORDER WP.No.21163 of 2024 \\ g 0 7 JAN 2025 *>/ ^ . Current Section ALLOWING THE WRIT PETITION WITHOUT COSTS