IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2019 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.25104/2015(GM-POLICE) BETWEEN:
MALLIKARJUNA B.M., S/O N. MALLAIAH, AGED ABOUT 41 YEARS, RESIDING AT NO.373, 7TH MAIN,13TH CROSS, VYALIKAVAL, BANGALORE-560 003.
... PETITIONER (BY SRI M. ARUNA SHYAM, ADVOCATE) AND:
1. STATE OF KARNTAKA REPRESENTED BY THE PRINCIPLE SECRETARY TO GOVERNMENT HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001.
2. TEH COMMISSIONER OF POLICE INFANTRY ROAD, BANGALORE-560 001.
3. THE ASSISTANT COMMISSIONER OF POLICE SHESHADRIPURAM SUB-DIVISION, BANGALORE-506 020.
4. THE INSPECTOR OF POLICE VYALIKAVAL POLICE STATION, BANGALORE-560 003.
... RESPONDENTS (BY SRI VASANTH V. FERNANDES, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 5.9.2014 PASSED BY THE RESPONDENT-3 DIRECTING THE POLICE INSPECTOR VYALIKAVAL THAT IS THE RESPONDENT-4 HEREIN NOT TO OPEN A ROWDY SHEET AGAINST THE PETITIONER UNDER POLICE MANUAL NO. 1059 2[B] [F] VIDE ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner has filed the present writ petition for a writ of certiorari quashing the order dated 5.9.2014 passed by the 3rd respondent in Order No.S.P.S.D./CC/302/2014 and directing the Police Inspector Vyalikaval -4th respondent not to open ‘A’ rowdy sheet against the petitioner under Police Manual No.1059 2(B)(F) as per Annexure-A.
2. It is the specific case of the petitioner that all the cases filed against the petitioner morefully mentioned in the impugned order i.e., Crime No.28/2011 for the offences publishable under Section 420 Indian Penal Code, Section 80 of Karnataka Police Act; Sections 20 and 30 of the Arms Act, Section 66(D) of the Information Technology Act r/w Section 78(3)(vi) of the Karnataka Police Act, Crime No. 149/2011 for the offence punishable under Section 34 of the Karnataka Excise Act, Crime No. 153/2014 for the offences punishable under Sections 341, 323, 326, 354, 506(b) r/w 34 of Indian Penal Code and Crime No. 154/2014 has been quashed by this Court in Criminal Petition Nos. 5745/2015, 58033-34/2015 and 7429/2015.
3. If it is so, it is always open for the petitioner to approach respondent No.3 – Assistant Commissioner of Police along with the orders passed by this Court, if the orders passed by this Court has reached finality. If any such representation is made, it is for the 3rd respondent to consider the said representation and pass orders in accordance with law within a period of two weeks from the date of receipt of a copy of this order.
Accordingly, writ petition is disposed off.
Sd/- Judge Nsu/-