IN THE HIGH COURT OF ANDHRA PRADESH :::: AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE \l PRESENT the honourable SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 21131 OF oma Between: Dr.P.Ramachandra Reddy, S/o. Lakshmu Occ Member of Legislative Assembly MR Palli, Tirupathi. Reddy Aged about 73 Years R/o D.no. 10-34, Maruthi Nagar ...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 4. The Circular Inspector, University Police Station East Sub Division, Tirupati. Tirupati. Campus Police Station Tirupati. 5. The Station House Officer, SVU ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in may 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). N.P.B.32 Pistol No.292 132; 2) 22 Revolver No. 103336; 3) DBBL Gun No.3942/8E 1990 surrendered by the petitioner pursuant to the Model Code on Conduct before the 5th respondent as illegal, arbitrary and violative of Artidle 21 of the Constitution of India and consequently direct the respondents release the said weapons. lA NO: 1 OF 2024 the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate writ, direction 14 and to Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court pleased to direct the 5th respondent to release the (N.P.B.32 Pistol No.292 132) forthwith. Counsel for the Petitioner: SRI. KALLA GUNA SEKHAR Counsel for the Respondents: GP FOR HOME may be petitioner's weapon The Court made the following: ORDER BVLNC.J Page 1 of 9 W.P.No.21131 OF 2024 DT: 07,01.2025 APHC010414622024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) \..w [3368] -3(0^ TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY-FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 21131/2024 Between: 1.DR.P.RAMACHANDRA REDDY, S/0. LAKSHMU REDDY, AGED OCC MEMBER OF LEGISLATIVE ABOUT 73 YEARS ASSEMBLY, R/0 D.NO.10-34, MARUTHI NAGAR, MR PALLI TIRUPATHI. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL HOME DEPARTMENT, SECRETARIAT SECRETARY, 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. BVLNC.J W.P.No,21131 OF 2024 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: BVLNC.J W.P.No.21131 OF 2024 DT: 07.01.2025 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI WRIT PETITION NO: 21131 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).N.P.B.32 Pistol No.292 132, (2).22 Revolver No.103336 and (3).DBBL Gun No.3942/8E 1990 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. Heard Sri V.R.N.Prasanth, learned counsel representing Sri K.Gunasekhar, learned counsel for petitioner and Smt.A.Jayanthi, learned Government Pleader for Home. 02. The contention of the petitioner in brief is that the petitioner is a Member of Legislative Assembly (M.L.A.) from Punganur Constituency and in the year 2005, considering the threat to his life, granted arms license on 15.02.2005, and since then, his license is being renewed from time to time and lastly on 28.04.2023, till 30.12.2027. 03. It is further contended that subsequent to implementation of Model Code of Conduct by the Election Commission in respect of elections in the State of Andhra Pradesh in March 2024 and the petitioner had BVLNC.J W.P.No.21131 OF 2024 DT: 07.01.2025 deposited the above said three weapons on 18.03.2024 before the 5*^ respondent for safe custody under acknowledgement dated 18.03.2024. It is further contended that subsequent to and declaration of election results withdrawn the Model Code of Conduct, representation on 14.06.2024 to the weapons, but the respondents did not return the completion of elections the Election Commission has The petitioner made a respondents for return of his same to the petitioner. It is further contended that the petitioner has life and in view of the a serious threat to his representation on 05.08.2024 to the 2"“ respondent and inspite of the same, the said weapons were not returned to the petitioner. same, he again submitted The respondent filed counter affidavit. The contention of the 5'^ respondent in brief is that the 04. son of the petitioner by name P.Midhun Reddy and also his younger brother by name P.Dwarakanadha Reddy involved in several criminal cases and there are chances of mis-using the weapons in threatening the witnesses. The petitioner is a MLA of YSR Congress Party and he along with lot of his supporters are trying to enter Punganur Constituency creating law and order problems. It is further contended that if a quarrel occurrs between the petitioner and the other party people, and there may be a chance of mis using the weapons for his political gain. After circumstances settle down, the S* respondent will release the said weapons. The petitioner was already provided with 1+1 PSOs after evaluating the inputs from various sources having of Threat Perception Report (TPR). The petitioner is not having any immense threat to his life. iL BVLNC.J W.P.No.21131 OF 2024 DT: 07.01.2025 05. The learned counsel for the petitioner would submit that the petitioner has deposited his licensed fire arms before the 5^^ respondent as per the notice of the 5*^ respondent in view of the ensuing general elections to be held in the month of May/June, 2024. He would further submit that the petitioner is in possession of the impugned fire arms as per license issued on 15.05.2005 which has been renewed from time to time as per law, and the same is in force till 30.12.2027. But the respondents/police are refusing to return the same without any reason, even after conclusion of election process. He would further submit that the petitioner was elected as Member of Legislative Assembly (M.L.A.). The petitioner is having life threat from various persons, 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 amount to infraction of the rights of the petitioner and also violation of fundamental rights as laid down in the Constitution of India. In those circumstances, the petitioner approached this Court under Article 226 of the Constitution of India, seeking direction to the respondents/police for return of the fire arms. 06. Per contra, Smt.A.Jayanthi, learned Government Pleader for Home would submit that many criminal cases were registered against the petitioner as stated in the Counter, and if the fire arms are returned to the petitioner, he may use it illegally against the public and others endangering their lives. Therefore, the respondents/police did not return the fire arms to the petitioner. There are no grounds to consider the BVLNC.J W.P,No.21131 OF 2024 DT: 07.01.2025 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; “Whether the petitioner is entitled to the relief as prayed for”? 08. POINT: 07. There is no dispute that the petitioner is having a licence to possess fire arms, renewed in the year 2023 till 30.12.2027. Further, there is no dispute that the petitioner deposited the said fire arms with the 5*^ respondent, in the light of general elections, 2024 held in May/June, 2024. There is no dispute that the general elections completed. The petitioner contested in the said elections and elected Member of Legislative Assembly (M.L.A.). The contention of the petitioner is that the respondent/police refused to return the firm arms without any legal ground, and therefore, it amounts to violation of his fundamental rights. The contention of the learned Government Pleader for Home is that many criminal cases were registered against the petitioner mentioned in the counter, and there is every likelihood of petitioner using the impugned fire arms against the innocent persons endangering their lives. were as 09. 10. as Perusal of the counter affidavit would show a list of cases registered against the petitioner. They pertain to the year 2013, 2016, 11. c BVLNC.J W,P.No,21131 OF 2024 DT: 07.01.2025 2017, 2018 and 2019. It is an admitted fact that the license of the petitioner to possess fire arms was renewed on 28.04.2023, till 30.12.2027. Therefore, the license was renewed subsequent to registration of the above cases without any objection that cases registered against the petitioner. were The counter affidavit of the 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. 13. 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 30.12.2027. th 14. 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. 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 release of the weapons, violates any term or condition of the license, the 15. W.P.No.21131 OF 2024 DT: 07.01.2025 BVLNC.J 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 SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary Home Department, Secretariat building, Velagapudi, Guntur District. 2. The Superintendent of Police, Tirupati, Tirupati District. The Deputy Superintendent of Police, East Sub Division, Tirupati. The Circular Inspector, University Police Station Tirupati. The Station House Officer, SVU Campus Police Station Tirupati. One CC to Sri. Kalla Guna Sekhar, Advocate [OPUC] Two CCs to GP for Home ,High Court Of Andhra Pradesh. [OUT Three CD Copies 3. 4. 5. 6. 7. 8. vna HIGH COURT DATED:07/01/2025 % s ORDER WP.No.21131 of 2024 g 0 7 JAN 2075 Vm 'I Co Current Section , ALLOWING THE WRIT PETITION WITHOUT COSTS