TOMY THOMAS Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) The petitioner in W.P.(C)No.28722 of 2025 filed this writ appeal under Sec. 5(i) of the Kerala High Court Act, 1958, challenging the judgment dtd. 26/9/2025 passed by the learned Single Judge in that writ petition.

(2.) Going by the averments in the writ petition, the appellant was issued with Ext.P1 arms licence bearing No.P709/KTM dtd. 23/8/2017 for possessing/holding 0.25 bore pistol for self-protection. The validity of the licence expired on 22/8/2025. According to the appellant, on 9/2/2024 at about 8.p.m., while he was attending the board meeting of Lions Club of Pala Spices Valley, Pala, he raised the matter of illegal removal of one member and also of the irregularities which lead to a wordy altercation and commotion. The appellant was assaulted by two members of the Club, who attempted to strangulate him, about which he filed Ext.P2 complaint dtd. 12/2/2024 before the 2nd respondent, District Police Superintendent. In pursuance to that complaint, Ext.P3 FIR bearing Crime No.378 of 2024 under Ss. 294(b), 341, 506 r/w 34 of IPC was registered at Pala Police Station. After the investigation, the police submitted a final report in the said crime, and the same is now pending as CC No.459 of 2024 before the Judicial First Class Magistrate Court, Pala.

(3.) In the writ petition, the 3rd respondent filed a counter affidavit dtd. 26/8/2025 producing therewith Ext.R3(a) document. Paragraphs 3 to 8 of that counter affidavit read thus: