IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.28548 OF 2018 (GM-POLICE) BETWEEN:
MADHU S S/O SHIVALINGAPPA AGED ABOUT 28 YEARS C/O H. MAHESH 3RD FLOOR, MARUTHI MANSION 3RD CROSS, 2ND BLOCK MAHALAKSHMI NAGAR EXTN., TUMAKURU, TUMKUR DISTRICT-572103. (By Mr. HANUMANTHARAYA D, ADV.) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF HOME AFFAIRS M.S. BUILDING DR. AMBEDKAR VEEDHI BANGALORE-01.
2. THE SUPERINTENDENT OF POLICE TUMAKURU DISTRICT TUMAKURU-572103.
3. THE CIRCLE INSPECTOR OF POLICE PAVAGADA POLICE STATION PAVAGADA-572202 TUMAKURU DISTRICT.
… PETITIONER … RESPONDENTS (By Mr. VIJAY KUMAR A. PATIL, LEARNED AGA) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-3 TO DELETE THE NAME OF THE PETITIONER FROM ROWDY SHEETER LIST OPENED ON 16.5.2017 AT 3RD RESPONDENT I.E., CIRCLE INSPECTOR OF POLICE, PAVAGADA POLICE STATION, PAVAGADA.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Hanumantharaya D., learned counsel for the petitioner.
Mr.Vijay Kumar A.Patil, learned Additional Government Advocate for respondents.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner has prayed for the following reliefs:
a) Issue a Writ of Mandamus directing the 3rd respondent to delete the name of the petitioner from rowdy sheeter list opened on 16-5-2017 at 3rd respondent i.e., Circle Inspector of Police, Pavagada Police Station, Pavagada.
b) Issue any other appropriate Writ or order or direction as this Hon’ble Court deems fit and necessary in the circumstances of the case, in the interest of justice and equity.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner has been admitted in respect of the offences, which was registered against him under Section 324,376 and 506 r/w 34 of Indian Penal Code,1860. It is further submitted that the petitioner be granted the liberty to submit a representation to respondent No.3 with regard to deletion of his name from the rowdy sheeted list and the aforesaid authority be directed to consider the representation submitted by the petitioner by a speaking order in a fixed time limit. On the other hand, learned counsel for the respondents submitted that the representation 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 liberty that if the petitioner makes a representation the concerned authority within a period of one week from the date of receipt of the certified copy of the order passed today, the concerned authority is directed to decide the representation within two weeks from the date of receipt of such representation.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS