IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.26757 OF 2018 (GM-POLICE) BETWEEN:
ABHILASH GOWDA P, S/O PUTTAPPA, AGED ABOUT 21 YEARS, AT ABBANI VILLAGE, HARATI POST, KOLAR TALUK & DISTRICT – 563101.
(BY MR.SIJI MALAYIL, ADV. ) AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU – 560001.
2. THE DIRECTOR GENERAL OF POLICE, NRUPATHUNGA ROAD, BENGALURU – 560 001.
3. THE SUPERINTENDENT OF POLICE, KOLAR DISTRICT, KOLAR – 563101.
4. THE DEPUTY SUPERINTENDENT OF POLICE, KOLAR DISTRICT, KOLAR – 563101.
5. THE INSPECTOR OF POLICE, KOLAR, RURAL POLICE STATION, GULPET, KOLAR – 563101.
… PETITIONER KARNATAKA.
(BY MR.VIJAY KUMAR A PATIL, AGA) - - -
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE REOWDY SHEET OPENED AND MAINTAINED AGAINST THE PETITIONER IN THE R-5 VIDE ANNEXURE-A1 AND A2 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Siji Malayil, learned counsel for the petitioner. Mr.Vijay Kumar A.Patil, learned Additional Government Advocate for respondent.
2. The writ petition is admitted for hearing.
With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner has prayed for the following reliefs:
(a) Quash the rowdy sheet opened and maintained against the petitioner in the 5th respondent vide Annexures A1 and A2 (ii) To direct the respondents to act upon the representation of petitioner dated 02.04.2018 to delete his name in the rowdy sheet of respondent No.5 Police station.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition be disposed of with a liberty to the petitioner to file a fresh representation before the competent authority. On the other hand, learned Additional Government Advocate submitted that if such a representation is made by the petitioner the same shall be dealt with in accordance with law.
5. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a liberty that if the petitioner makes a fresh representation to the competent authority within two weeks from the date of receipt of certified copy of the order passed today, the competent authority is directed to decide the representation afresh submitted by the petitioner within a period of three months from the date of receipt of such a representation by a speaking order and in accordance with law. It made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS