1 Cri. W.P. 1053.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL WRIT PETITION NO.1053 OF 2009 Dr.Arun S/o Vyankatrao Dawale Age 58 years,Occupation Medical Practitioner, R/o Dawale Building Mukundraj Colony,Ambajogai, District Beed. ... Petitioner V E R S U S 1. The State of Maharashtra, Through the Principal Secretary, Home Department, Mantralaya, Mumbai-400 032. 2. The District Collector,Beed (District Election Officer, Beed.) 3. The Superintendent of Police, Beed,District Beed. 4. The Police Inspector, Police Station, Ambajogai, Taluka Ambajogai, District Beed. 5. Election Commission of India, New Delhi. 2 Cri. W.P. 1053.2009 ( Respondent Nos 1 to 4 to be served through Government Pleader, High Court of Bombay Bench at Aurangabad,Respondent No.5 to be served through Standing Counsel,Union of India) ... Respondents ... Mr. S.V.Chandole,Advocate holding for Mr. V.G.Sakolkar,Advocate for Petitioner. Mr. K.G.Patil, A.P.P. for respondents. ... CORAM : P.V.HARDAS AND A.V.NIRGUDE, JJ. DATE : 26th NOVEMBER, 2009 ORAL JUDGMENT - (PER : P.V. HARDAS, J.): 1] Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties this petition is heard finally at the stage of admission. 2] The learned counsel for the petitioner states on instruction that the petitioner does not pray for the relief at prayer clause [C] to this petition. In that light of the matter, th Petition stands dismissed in respect of prayer clause [C] to this petition. 3 Cri. W.P. 1053.2009 3] By virtue of prayer clause [B] the petitioner prays for issuance of a writ of mandamus directing respondent nos. 3 and 4 to return the revolver and rifle deposited by the petitioner with the respondents pursuant to the directives issued in that behalf by the respondents. Undisputedly, the petitioner had obtained license for possession of the fire-arm for his personal safety. Pursuant to the directives issued by the respondents for depositing of the fire-arm on account of holding of the general election of Loksabha in the month of April-May 2009, the petitioner had deposited the said fire-arm. Subsequently, Assembly election was declared and the fire-arm was therefore not returned to the petitioner. The result of the election came to be declared on 22nd October,2009. Despite passage of time the respondents have not returned the fire-arm. 4] The learned A.P.P., who accepts notice on behalf of the respondent nos.1,2,3 and 4 states 4 Cri. W.P. 1053.2009 that, the aforesaid fire-arm would be returned to the petitioner within a week from today. We accept the aforesaid statement as an undertaking to the Court. Rule is made absolute on the above terms with no order as to costs. ( A.V.NIRGUDE, J.) ( P.V.HARDAS, J.) MTK.