IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.28178 OF 2015 (GM-POLICE) BETWEEN:
SRI MANJUNATH, S/O CHANDRASHEKAR, AGED ABOUT 21 YEARS, NO.7/1, 1ST MAIN, 1ST CROSS, VALMIKI NAGAR, BANGALORE.
... PETITIONER AND:
(BY SRI. VENKATESH, ADVOCATE FOR SRI. B. M. HALA SWAMY, ADVOCATE) 1. THE COMMISSIONER OF POLICE, INFANTRY ROAD, BANGALORE - 560001 2. ASSISSTANT COMMISSIONER OF POLICE, CHAMARAJPET SUB-DIVISION, BANGALORE-560 018.
3. THE INSPECTOR OF POLICE CHAMARAJPET POLICE STATION, BANGALORE-560 018.
4. THE PRINCIPAL SECRETARY DEPARTMENT OF HOME, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE-560001.
... RESPONDENTS (BY SRI. 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 DT.25.11.2014 ANNX-A OF THE R-2, INCLUDING THE NAME OF THE PETITIONER IN THE ROWDY LIST BEARING NO.CC/223/ACP-05/14; DIRECT THE RESPONDENTS TO REMOVE OR DELETE THE NAME OF THE PETITIONER FROM THE ROWDY LIST.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. Venkatesh, learned counsel for the petitioner. Mr. Vijay Kumar A. Patil, learned Additional Government Advocate for respondent Nos.1 to 4.
2. With consent of the learned counsel for the parties, the petition is heard finally.
3. In this petition, the petitioner is seeking to quash the order dated 25.11.2014 passed by the respondent No.2 including the name of the petitioner in the rowdy list, and to direct the respondents to remove or delete his name from the rowdy list.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition be disposed of with liberty to the petitioner to file a representation before the jurisdictional Deputy Commissioner of Police. On the other hand, learned Additional Government Advocate submitted that if such a representation is made by the petitioner, the same 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 a liberty that if the petitioner makes a representation to the jurisdictional Deputy Commissioner of Police within two weeks from the date of receipt of certified copy of the order passed today, the jurisdictional Deputy Commissioner of Police is directed to decide the representation submitted by the petitioner within a period of four months from the date of receipt of such a representation by a speaking order and in accordance with law.
Accordingly, the petition is disposed of.
Sd/-
Judge RD