In the High Court of Karnataka at Bangalore

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1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 5 TH DAY OF AUGUST, 2014 B E F O R E THE HON’BLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO.17327/2014 (GM-RES) BETWEEN : SHAILESH KUMAR S/O Mr. JANARDHANACHAR, AGED ABOUT 44 YEARS, SHAGIL PRECISION INDIA, UNIT-II, DERALAKATTE, MANGALORE – 575 018. ... PETITIONER (BY SRI CYRIL PRASAD PAIS, ADV.) AND: 1. STATE OF KARNATAKA HOME DEPARTMENT, REPRESENTED BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001. 2. THE DISTRICT MAGISTRATE & DEPUTY COMMISSIONER, MANGALORE DISTRICT DAKSHINA KANNADA. 3. THE POLICE COMMISSIONER MANGALORE CITY DAKSHINA KANNADA. 4. THE STATION HOUSE OFFICER ULLAL POLICE STATION ULLAL. 2 5. Mrs. NISHASHAILESH KUMAR WIFE OF SHAILESH KUMAR, AGED ABOUT 37 YEARS, RESIDING AT: MEGHA VARSHINI, NETHRAVATHI LAYOUT CAPITANIO ROAD, KANKANADI POST, MANGALORE – 575 018. ... RESPONDENTS (BY SRI H.B. MAHESH, HCGP) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 01.02.2014 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-A AND CONSEQUENTLY CONSIDER THE UNDERTAKING GIVEN BY THE PETITIONER AS PER HIS LETTER DATED 08.01.2013 VIDE ANNEXURE-E. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORDER The impugned order can be questioned by way of an appeal under Section 18 of the Arms Act, 1959. Since a statutory remedy is available, which is alternate and efficacious and there being no reason to bypass the statutory mechanism, I decline to entertain this writ petition for non-exhaustion of the statutory remedy. Writ petition is rejected, leaving open all contentions and by reserving liberty to the petitioner to avail the said remedy. 3 Needless to observe that, the time spent in prosecution of this writ petition i.e., from 05.04.2014, shall stand excluded, if an appeal is preferred within a period of two weeks from today. The certified copies of the documents produced along with this writ petition be returned to the learned advocate for the petitioner. Sd/- JUDGE ca .

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