IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.9675 OF 2019 (GM-POLICE) BETWEEN:
RAMESH BABU V M S/O MUNIVENKATAPPA, AGED ABOUT 37 YEARS 1ST CROSS, MALLIGE ROAD, GOKULA EXTENSION, TUMKUR-572 104.
(BY MR. SANDEEP LAHARI, ADV. FOR MR. R SHASHI KUMAR, ADV.) AND:
1. THE SECRETARY HOME DEPARTMENT, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560 001.
… PETITIONER 2. DIRECTOR GENERAL AND INSPECTOR, GENERAL OF POLICE (DG & IGP) NO.6,NRUPATHUNGA ROAD, BENGALURU, KARNATAKA-560 001.
3. SUPERINTENDENT OF POLICE TUMAKURU DISTRICT B H ROAD,SIDDALINGAIAHNA PALYA TUMAKURU, KARNATAKA-572 103 REPRESENTED BY SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001.
4. SUB-INSPECTOR OF POLICE JAYANAGARA POLICE STATION, TUMAKURU-572 104, TUMAKURU DISTRICT. REPRESENTED BY SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU-560 001.
… RESPONDENTS (By MR.VIJAY KUMAR A PATIL, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 15.11.2012 PASSED BY THE R-3 (ANNEXURE-F), AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Sandeep Lahari, learned counsel for Sri.R.Shashi Kumar, learned counsel the petitioner.
Sri.Vijay Kumar A. Patil, learned Additional Government Advocate for the respondents.
The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner inter alia has prayed for the following reliefs:
“a) Issue a writ, order or direction in the nature of Certiorari or any other appropriate writ, order or direction to Quash the order bearing No.T.S.D.C.C:425/2012 dated 15.11.2012 passed by the 3rd respondent. (ANNEXURE-F).
b) Issue a writ, order or direction in the nature of Mandamus or any other appropriate writ, order or direction to directing the 3rd respondent to consider the representation dated 06.05.2017 made by the Petitioner herein seeking for removal of the name of the petitioner from the rowdy sheet maintained by Respondents. (ANNEXUE-J).
c) Issue a writ, order or direction in the nature of Mandamus or any other appropriate writ, order or direction to directing the 3rd respondent to remove the name of the petitioner from order bearing Rowdy Sheet: T.T.S.D/CC/21 dated 23.11.2012 (ANNEXURE-A).
d) Grant such other orders as this Hon’ble court deems fit in the fact and circumstances of the case in the interest of justice.”
3. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner has submitted a representation at Annexure-J dated 06.05.2017 with regard to his grievance to the Superintendent of Police, Tumkuru District, Tumkuru and the aforesaid authority be directed to decide the representation submitted by the petitioner in accordance with law.
4. Learned Additional Government Advocate submitted that suitable action in accordance with law shall be taken on the representation submitted by the petitioner within such time as may be fixed by this Court.
5. In view of the aforesaid submissions and in the facts of the case, the writ petition is disposed of with a direction to the Superintendent of Police, Tumkuru District, Tumkuru to consider and decide the objection preferred by the petitioner with regard to inclusion of his name in the Rowdy List within a period of three months from the date of receipt of the certified copy of the order passed today.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Sd/- JUDGE dn/-