IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION Nos.7760-7763 OF 2015 (GM-POLICE) BETWEEN:
1. G.Lingaiah @ Rajanna S/o late Gangaiah, Aged about 51 years, R/at No.2/1, 2nd Main, 2nd Cross, Gangaiah Building, Deepanjalinagar, Mysore Road, Bangalore – 560026.
2. Bairava, S/o Nagesh Aged about 22 years, R/at No.15, 2nd Main Road, 4th Cross, Deepanjalinagar, Mysore Road, Bangalore – 560026.
3. Arun Kumar, S/o Andanappa, Aged about 22 years, R/at No.15, 1st Main Road, Deepanjalinagar, Mysore Road, Bangalore – 560026.
4. Gangaprasad L, S/o Lingaiah, Aged about 23 years, R/at No.2/1, 2nd Main, 2nd Cross, Gangaiah Building, Deepanjalinagar, Mysore Road, Bangalore – 560026. ...Petitioners (By Sri. Narasimharaju, Advocate) AND:
1. Inspector General of Police Nrupatunga Road, Bangalore – 560001.
2. The Deputy Commissioner of Police, Bangalore East, Uparpete, Bangalore – 560009.
3. The Assistant Commissioner of Police, East Sub-Division, Byatarayanapura, Bangalore – 560026.
4. The Police Inspector, Byatarayanapura Police Station, Byatarayanapura, Mysore Road, Bangalore – 560026. …Respondents (By Smt. Niloufer Akbar, AGA) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash Annexure- A dated 7.1.2015 with regard to the name of the petitioner are concerned and etc.
These Writ Petitions coming on for Preliminary Hearing in B group this day, the Court made the following:
ORDER These writ petitions are directed against the order dated 07/01/2015 at Annexure-A, whereby the petitioners’ names were included in the Rowdy List of C-Category in Order No.1059 of Karnataka Police Manual.
2. The case of the petitioners is that the petitioners are the residents of Deepanjalinagar, Bengaluru, and they are running a travel business. The further case of the petitioners is that they are innocent and were not involved in any criminal activity. But falsely they have been implicated in Crime No.77/2014 on the file of Byatarayanapura Police for the offences punishable under Sections 506, 323, 326, 143 read with Sections 147 and 149 of IPC. On this basis, the names of the petitioners have been included in the Rowdy List.
3. It is the case of the petitioners that only a criminal case which was pending against them is Crime.No.77/2014 which has been converted into C.C.No.28756/2014 on the file of III Additional Chief Metropolitan Magistrate, Bengaluru. It is further submitted that the III Additional Chief Metropolitan Magistrate, Bengaluru, by order dated 28/12/2017, has acquitted all the petitioners in the above said case. As on today there is no criminal case pending against the petitioners. Hence, the petitioners have given a representation dated 20.04.2018 to the Police Commissioner, Bengaluru to remove their names from the Rowdy List of C- Category.
4. Since action has not been taken by the respondents and in view of the subsequent developments, the Police Commissioner, Bengaluru City, is directed to consider the said representation dated 20/04/2018.
5. In addition, the petitioners are permitted to give additional representation along with all relevant records to the Police Commissioner, Bengaluru City, and to the Deputy Commissioner of Police and also to the concerned Assistant Commissioner of Police. The respondents are directed to consider the same and pass appropriate orders within four weeks from the date of receipt of a copy of this order.
With the aforesaid observations and directions, the writ petitions are disposed of.
Sd/- JUDGE SMJ