M. Suthagar vs The District Collector, Virudhunagar, Virudhunagar District.

M. Jaichandren

This writ petition has been filed challenging the order of the respondent, dated 11.08.2010, whereby the petitioner had been asked to surrender his revolver for the reason that a criminal case has been pending against him, in C.C.No.83 of 2007, before the learned Judicial Magistrate, Aruppukkottai. Heard Mr. A.V. Arun, the learned counsel appearing on behalf of the petitioner, as well as Mr. M. Riparian, the learned Government Advocate appearing on behalf of the respondent.

At this stage of the hearing of this writ petition, the learned counsel appearing on behalf of the petitioner had submitted that the criminal case, in C.C.No.83 of 2007, for the alleged offences punishable under Sections 147, 148, 448, 294(b), 354, 323 and 506(ii) of the Indian Penal Code, is not pending on the file of the learned Judicial Magistrate, Aruppukkottai, as on date. In such circumstances, the impugned order of the respondent, dated 11.08.2010, is to be set aside.

3 The learned counsel appearing on behalf of the respondent had not refuted the submissions made by the learned counsel appearing on behalf of the petitioner. In such circumstances, the impugned order of the respondent, dated 11.08.2010, is set aside. However, the petitioner is permitted to make a representation to the respondent stating the relevant facts, along with the necessary documents, to show that no criminal case is pending, as stated in the impugned order of the respondent, dated 11.08.2010. On such representation being made, the respondent shall consider the same and pass appropriate orders thereon, as expeditiously as possible. Accordingly, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.