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2025 DAILYLAW 42805 (KAR)

ZAMEER BAIG v. COMMISSIONER OF POLICE

WP/16987/2025 · 2025-09-23

B M Shyam Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:38299 WP No. 16987 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED HIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 16987 OF 2025 (GM-POLICE) BETWEEN: ZAMEER BAIG S/O ILYAS BAIG AGED ABOUT 40 YEARS RESIDING AT NO. 02. 13TH CROSS PADARAYANAPURA, BANGALORE 560026. …PETITIONER (BY SRI. ANIKETH, ADVOCATE FOR SRI. SACHIN B S., ADVOCATE) AND: COMMISSIONER OF POLICE BANGALORE CITY, BANGALORE. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38299 WP No. 16987 of 2025 REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560001 …RESPONDENT (BY SMT. K.P. YASHODHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 12.03.2025 IN COPBCP/ARMS/ARMS (RAL/55/2023) PASSED BY NO. THE RESPONDENT AS PER ANNEXURE-A, AND CONSEQUENTLY DIRECT THE RESPONDENT TO RENEW THE ARMS LICENSE IN TERMS OF THE APPLICATION DATED 17.11.2022 AS PER ANNEXURE-D IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:38299 WP No. 16987 of 2025 ORAL ORDER The petitioner is issued with Arms license that stands cancelled by the impugned order dated 12.03.2025 [Annexure-A]. Mr.Aniketh, the learned counsel for the petitioner, without disputing that the petitioner has alternative remedy under Section 18 of the Arms Act, 1959 [for short, 'the Arms Act'] and Rule 107 of the Arms Rules, 2016, submits that this Court must intervene because the respondent's order is without any reason. The learned counsel invites this Court's attention to the operative portion of the impugned order. Ms.K.P. Yashodha, the learned Additional Government Advocate, is heard for disposal of the petition in the light of afore and the undisputed position that the petitioner can call in question the impugned order in an appeal. It remains undisputed - 4 - HC-KAR NC: 2025:KHC:38299 WP No. 16987 of 2025 that the petitioner is one of the accused in the proceeding pending trial in CC No.22770/2022 on the file of the XXXVII ACMM, Bengaluru and the allegation is that the petitioner has purchased the pistol after the license is issued and he has used this pistol during the incident relating to the commencement of the proceedings resulting in CC No.22770/2022. Sri Aniketh, when queried in the light of the aforesaid, submits that the petitioner's defence is that the pistol is used only in self defence. This Court opines that the respondent's order is in the context of a detailed report and that if the petitioner seeks redressal of the grievance with the respondent's order must necessarily avail the appellate remedy under Section 18 of the Act. As such, there is no occasion for this Court's interference under 226 of the Constitution of India. - 5 - HC-KAR NC: 2025:KHC:38299 WP No. 16987 of 2025 The petition stands disposed of with liberty to the petitioner to avail the appellate remedy subject to all just exceptions. Sd/- (B M SHYAM PRASAD) JUDGE SA List No.: 2 Sl No.: 25