- 1 - NC: 2025:KHC-D:850 WP No. 107373 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.107373 OF 2024 (GM-POLICE) BETWEEN: NAVEENKUMAR A WALI, AGE: MAJOR, OCC: BUSINESS, R/O: CTS NO.3082, KHADE BAZAR, TQ:DIST: BELAGAVI – 590 002. …PETITIONER (BY SRI JAGADISH PATIL AND SRI VYAS DESAI, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS UNDER SECRETARY, DEPARTMENT OF HOME, M.S.BUILDING, BENGALURU – 01. 2. THE DEPUTY COMMISSIONER, BELAGAVI DISTRICT, BELAGAVI – 590 001. 3. THE COMMISSIONER OF POLICE, BELAGAVI DISTRICT, BELAGAVI – 590 001. 4. THE POLICE INSPECTOR, MARKET P.S., BELAGAVI CITY, TQ: BELAGAVI, BELAGAVI – 590 001. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN NATURE OF MANDAMUS OR SUCH APPROPRIATE DIRECTION TO THE RESPONDENTS TO INITIATE FURTHER PROCEEDINGS IN PURSUANT TO THE NOTICE DATED 22/08/2024 ISSUED BY THE 4TH Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:850 WP No. 107373 of 2024 RESPONDENT VIDE ANNEXURE-D IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THERIEN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) Heard the learned counsel Sri Jagadish Patil and Sri Vyas Desai, appearing for the petitioner, Sri Sharad V. Magadum, the learned AGA appearing for the respondent Nos.1 to 4 and have perused the material on record. 2. The petitioner is before this Court, seeking the following prayer: “1. Issue a writ in nature of mandamus or such appropriate direction to the respondents to initiate further proceedings in pursuant to the notice dated 22/08/2024 issued by the 4th respondent vide Annexure-D in the interest of justice and equity. 2. Issue such other writ or give such other direction and pass such other order as this Hon'ble Court deems fit and proper in the facts and circumstances of the cases.” 3. The petitioner is the proprietor of an established business in the name of Paresh Gun House which is a registered dealer for Arms and Ammunitions with license - 3 - NC: 2025:KHC-D:850 WP No. 107373 of 2024 bearing No. IX/01/1985. The said license was allotted under Form No. IX of Arms Act, to convert, shorten, repair (major, or to test (other than proof-test) or keeping for conversion, repair (major) or test (other than proof test) of firearms. 4. On 30.04.2021, FIR comes to be registered against the petitioner and others at Hangal Police Station in Crime No. 80/2021 for the offences punishable under Section 5 of Explosive Substances Act, 1908 and under Section 9B of Explosives Act, 1884, alleging that the Petitioner is involved in keeping, transporting and blasting off explosives. Aggrieved, the petitioner approaches this Court for quashing of the said FIR. The Coordinate Bench in Criminal Petition No. 100960/2022 grants interim order on 08.04.2021 staying further proceedings in Crime No.80/2021 of Hangal Police Station. 5. The licence of the Petitioner for arms and ammunition dealers and for deposit of arms under Form No.VIII of the Arms Act was valid up to 31.12.2021. The - 4 - NC: 2025:KHC-D:850 WP No. 107373 of 2024 petitioner submits two representations on 13.10.2022 and 13.06.2022 to the third respondent for renewal of the license of the petitioner’s business. Due to non- consideration of the said representations, the petitioner approaches this Court in W.P. No.103371/2023, wherein the Coordinate Bench directs the respondents to consider the representation of the petitioner within a period of six weeks therefrom. 6. In terms of the order of this Court dated 29.05.2023 in W.P.No.103371/2023, the petitioner approaches the respondents Nos. 3 and 4 and submits another representation on 14.07.2023 for renewal of the licence, which has not been considered till this date. 7. On 22.08.2024, the fourth respondent issues a notice to the petitioner directing him to produce necessary documents in relation to the two FIRs registered against the petitioner, one at Hangal Police Station in Crime No.80/2021 and another at Dharwad Police Station in Crime No.47/2021. - 5 - NC: 2025:KHC-D:850 WP No. 107373 of 2024 8. In compliance with the notice, the petitioner appears before the fourth respondent and submits his explanation and the relevant documents in relation to the aforesaid two FIRs, as directed. 9. However, the petitioner claims that no further proceedings have taken place pursuant to the notice dated 22.08.2024. This action of the respondents is called in question in the subject petition. 10. Learned AGA representing the State contends that he needs to secure instructions with regard to whether any further proceedings have taken place pursuant to the notice. He also contends that the criminal antecedents of the petitioner would have to be looked into before passing any orders on the representation of the petitioner. 11. Be that as it may, the fact remains that, this Court on an earlier occasion in W.P. No. 103371/2023 directs the respondents to consider the representation of - 6 - NC: 2025:KHC-D:850 WP No. 107373 of 2024 the petitioner seeking renewal of license within six weeks, which is still in the notice stage. Therefore, without expressing any opinion on the merits of the matter, being eligible for renewal of license or not, this Court finds it appropriate to dispose the petition. 12. In that light, the following: ORDER (i) The Writ Petition is disposed. (ii) The respondents are directed to initiate further proceedings pursuant to the notice dated 22.08.2024 issued by the respondent No.4 vide Annexure-D and conclude the same within a period of three months from the date of initiation of proceedings. Sd/- (M.NAGAPRASANNA) JUDGE NAA/CT-ASC List No.: 1 Sl No.: 25