Bombay High Court
DEEPAK RAGHUNATH MANEversusTHE STATE OF MAHARASHTRA AND ORS.
- Disposal
- Disposed Off
Holding
The petition is dismissed as the respondent has agreed to comply with the magistrate’s order, leaving no matter for the court to decide.
Summary
The petitioner, Deepak R. Mane, filed a writ petition seeking the return of a revolver seized during a 2012 case. He had been acquitted in 2023, and the trial court ordered the weapon be returned to him if he held a valid licence, otherwise to the Collector for disposal. The District Magistrate later ordered the weapon’s return subject to certain conditions, but the police had not complied. The respondent’s assistant public prosecutor informed the court that the petitioner could collect the revolver from the police station in compliance with the magistrate’s order. Since the respondent indicated compliance, the court found no issue remaining for adjudication and disposed of the petition.
Issues considered
- Whether the High Court should direct the police to return the seized revolver despite the respondent’s indication of compliance with the magistrate’s order.
- Whether the writ petition remains maintainable after the respondent has offered to comply with the District Magistrate’s order.
Legislation cited
- Arms Act, 1959 — s. 25, 3, 40
- Indian Penal Code, 1860 — s. 247, 332, 34, 343, 504
- Maharashtra Prohibition Act, 1949 — s. 85(1)(3)
Subjects
- weapon seizure
- revolver
- licence condition
- return of seized property
- criminal writ petition
- Arms Act
- Indian Penal Code
- magistrate order
Judgment
9-WP-223-2026 (CR).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. WRIT PETITION NO. 223 OF 2026
Deepak Raghunath Mane …...Petitioner
Vs.
The State Of Maharashtra & Ors. …...Respondents
...
Mr. Kunal V. Patil, Advocate for Petitioner.
Mr. Avinash Naik, APP for Respondent-State.
Mr. Suhas Powar, PSI, Karveer Police Station present.
...
CORAM : MRS. VRUSHALI V. JOSHI,
SANDESH D. PATIL, JJ.
DATED : 27th JULY 2026
PC.:-
1. The present Writ Petition is filed for a limited purpose to direct
the Respondents to return the revolver seized in connection with C.R.
No.108 of 2012 registered with Karveer Police Station, Kolhapur on
26th May 2012. The Petitioner was prosecuted for the offences
punishable under Sections 343, 332, 247 and 504 read with Section
34 of the Indian Penal Code, 1860 and sections 3, 25 and 40 of the
Arms Act, 1959 and Section 85(1)(3) of the Maharashtra Prohibition
Act, 1949.
2. By the Judgment and Order dated 29th November 2023 passed
by the learned Additional Sessions Judge, Kolhapur in Sessions Case
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9-WP-223-2026 (CR).doc
No.186 of 2019 arising out of C.R. No.108 of 2012, the learned
Additional Sessions Judge had acquitted the accused, including the
present Petitioner. While passing the said judgment, the learned
Additional Sessions Judge directed that the muddemal revolver and
live cartridges be handed over to accused No.1, subject to his holding
a valid licence; otherwise, the same were directed to be forwarded to
the Collector, Kolhapur, for disposal in accordance with law.
3. Thereafter, the District Magistrate, Kolhapur vide Order dated
19th February 2025, had directed the return of the weapon to the
Petitioner subject to compliance of the conditions stipulated therein.
The grievance of the Petitioner is that despite the aforesaid order, the
police authorities have not returned the revolver to him.
4. Today, the learned APP, on instructions, submits that the
Petitioner may approach Karveer Police Station at 11:30 a.m. and
that the revolver along with the live cartridges shall be returned to
him subject to compliance with the order dated 19th February 2025
passed by the District Magistrate.
5. In view of the aforesaid statement, nothing survives for further
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9-WP-223-2026 (CR).doc
consideration in the present Petition. The Petition is accordingly
disposed of.
(SANDESH D. PATIL, J.) (MRS. VRUSHALI V. JOSHI, J.)
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