- 1 - NC: 2025:KHC:3264 WP No. 23187 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 23187 OF 2023 (GM-RES) BETWEEN: SRI. PUNEETH SHETTY, S/O. PADMANABHA SHETTY, AGED ABOUT 35 YEARS, RESIDING AT NO. 9/158/2, SRI.DURAGAMBIKA KRUPA, KUNTTALAPADI, PADAVU VILLAGE, SHAKTHINAGARA, MANGALORE-575 006. …PETITIONER (BY SMT. HALEEMA AMEEN FOR SRI. ASHOK KUMAR SHETTY K., ADVOCATES) AND: 1. THE STATE GOVERNMENT REPRESENTED BY ITS SECRETARY TO HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE COMMISSIONER OF POLICE MANGALORE CITY, MANGALORE-575 001. 3. THE SUPERINTENDENT OF POLICE MANGALORE CITY, MANGALORE-575 001. 4. THE STATION HOUSE OFFICER URVA POLICE STATION, MANGALORE-575 006. 5. THE ASSISTANT SUB-INSPECTOR OF POLICE URVA POLICE STATION, MANGALORE-575 006. …RESPONDENTS (BY SMT. WAHEEDA, HCGP FOR R1 TO R5) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3264 WP No. 23187 of 2023 THIS WRIT PETITION IS FILED UNDER SECTION 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER ANNEXURE-A DATED 25.08.2023 MADE IN NO. MAG2/ARMS/192/2021 PASSED BY THE 2ND RESPONDENT AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: “a) Issue a writ of certiorari or any other appropriate writ quashing the order Annexure-‘A’ dated 25.08.2023 made in No.MAG2/ARMS/192/2021 passed by the 2nd respondent. b) Issue writ of Mandamus directing the 2nd respondent to release the 0.32” Pistol Civil un GSF 180208383 0.32” Indian Ordinance Factory along with black magazine, and four number of live bullets and Indian Arm License – Form III, in favour of the petitioner. c) Issue such other order or orders as this Hon’ble Court deems fit, under the facts and circumstances of the case, in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned HCGP for the respondents and perused the material on record. - 3 - NC: 2025:KHC:3264 WP No. 23187 of 2023 3. A perusal of the material on record will indicate that pursuant to registration of an FIR in Crime No.75/2023, a pistol/revolver of the petitioner was seized by the respondent- Police on the ground that the said pistol/revolver is connected to the petitioner, who was arraigned as an accused in the said Crime No.75/2023. The licence of the petitioner for pistol was also suspended by respondent No.2. 4. The petitioner having filed an application before the respondents under Sections 451 and 457 of Cr.P.C. seeking release of the said pistol and recalling of the order of suspension of licence, the said application having been dismissed by the respondent vide impugned order dated 25.08.2023 passed by respondent No.2, the petitioner is before this Court by way of the present petition. 5. In the final order dated 24.01.2025, passed in Crl.P.No.9884/2023, entire proceedings in Crime No.75/2023 against the petitioner have been quashed by this Court by holding as under: (i) The Criminal petition is allowed. - 4 - NC: 2025:KHC:3264 WP No. 23187 of 2023 (ii) The impugned criminal proceedings in Crime No.75/2023 registered by respondent No-1 Police for the offences under Sections 353, 506 and 507 of IPC, pending on the file of the JMFC-III Court, Mangalore, in so far as the petitioner is concerned, are hereby quashed. 6. It is an undisputed fact borne out from the material on record that the pistol/gun was seized from the petitioner pursuant to registration of FIR in Crime No.75/2023 and licence was suspended in relation to the petitioner in this regard. However, in view of the quashment of the entire proceedings and FIR in Crime No.75/2023, by final order dated 24.01.2025 passed in Crl.P.No.9884/2023, I am of the considered opinion that the impugned order at Annexure-A dated 25.08.2023 deserves to be quashed and necessary directions be issued to the respondents in this regard. 7. In the result, I pass the following: ORDER i) The Writ Petition is allowed. ii) The impugned order at Annexure-A dated 25.08.2023 passed by respondent No.2 is hereby quashed. - 5 - NC: 2025:KHC:3264 WP No. 23187 of 2023 iii) Respondents are directed to restore the licence of the petitioner and release 0.32” Pistol Civil in GSF 180208383 0.32” Indian Ordinance Factory along with black magazine and four number of live bullets and Indian Arm License – Form-III, in favour of the petitioner immediately upon receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 4