IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.29265 OF 2018 (GM-POLICE) BETWEEN:
SRI AMBARISH M S/O S A MUNIYAPPA AGED ABOUT 36 YEARS R/AT NO.107 OLD STREET ROAD NAGANATHAPURA, BANGALORE SOUTH ELECTRONICS CITY BANGALORE 560100. … PETITIONER (By Mr. RAMESHA D S, ADV.) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BENGALURU 560001.
2. THE COMMISSIONER OF POLICE OFFICE OF THE POLICE COMMISSIONER INFANTRY ROAD BENGALURU 560001.
3. THE ASST COMMISSIONER OF POLICE OFFICE OF THE ASST COMMISSIONER OF POLICE AGNEYA DIVISION BENGALURU TOWN BENGALURU 560001.
4. THE INSPECTOR OF POLICE PARAPPANA AGRAHARA STATION PARAPPANA AGRAHARA BENGALURU 560100. … RESPONDENTS (By Mr. VIJAY KUMAR A PATIL LEARNED AGA) - - -
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the R-4 to drop and delete the name of the petitioner in rowdy sheet list letter dated 5.7.2018 in PAPS/RTI/2018, parappana agrahara police station vide Annex-C and etc.
This Petition coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:-
ORDER Sri.Ramesha D.S., learned counsel for the petitioner.
Sri.Vijay Kumar A.Patil, learned Additional Government Advocate for the respondents.
2. The 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 inter alia has prayed for the following reliefs:
“i) a writ of mandamus by directing the respondent No.4 to drop and delete the name of petitioner in rowdy sheet list letter dated 05.07.2018 in PAPS/RTI/ /2018. Parappana Agrahara Police Station produced at Annexure-C and ii) any other order or direction may be issued in interest of justice.”
3. When the matter was taken up today, learned counsel for the petitioner submitted that in the criminal cases which were instituted against the petitioner, the petitioner has been acquitted and he be granted the liberty to submit a representation to the jurisdictional Deputy Commissioner of Police and the aforesaid authority is directed to decide the representation submitted by the petitioner by a speaking order. On the other hand, learned Additional Government Advocate submits that in case a representation is submitted, the same shall be dealt with in accordance with law.
4. In view of the aforesaid submissions and in the facts of the case, the petition is disposed of with a direction that in case the petitioner submits a representation within two weeks from the date of receipt of certified copy of the order passed today to the jurisdictional Deputy Commissioner of Police, the aforesaid authority shall decide the representation submitted by the petitioner within a period of three months from the date of receipt of such representation, by a speaking order.
Sd/- JUDGE RV