IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.14626 OF 2018 (GM-POLICE) BETWEEN:
SRI. NAVEEN KUMAR B. N. @ NAVEEN @ DOLLA S/O. SRI. NAGARAJU, AGED ABOUT 25 YEARS, R/AT NO. 11, 14TH MAIN, 6TH CROSS, SBM COLONY, BSK 1ST STAGE, BANGALORE-560050.
(By Mr. N SRIRAM REDDY, ADV.) AND:
1. STATE OF KARNATAKA DEPARTMENT OF HOUSE AND LEGAL AFFAIRS, VIDHANA SOUDHA, BANGALORE-560001. REPRESENTED BY ITS HOME SECRETARY.
2. THE COMMISSIONER OF POLICE BANGALORE CITY, INFANTRY ROAD, BANGALORE-560001.
3. THE ASSISTANT COMMISSIONER OF POLICE SUBRAMANYAPURA SUB DIVISION, 1ST FLOOR, 9TH MAIN ROAD, THYAGARAJA NAGAR, … PETITIONER BANASHANKARI 2ND STAGE, BANGALORE-560070.
4. THE STATION HOUSE OFFICER HANUMANTHANAGAR POLICE STATION, ASHOK NAGAR, BANASHANKARI 1ST STAGE, BANASHANKARI, BENGALURU-560050.
… RESPONDENTS (By Mr. VIJAY KUMAR A PATIL, AGA FOR R1 TO R4) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RSPONDENTS TO REMOVE THE NAME OF THE PETITIONER FROM THE ROWDY LIST IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.N.Sriram Reddy, learned counsel for the petitioner.
Mr.Vijay Kumar A.Patil, learned Additional Government Advocate for respondent Nos.1 to 4.
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 order/direction or wit in nature of mandamus directing the respondents to remove the name of the petitioner from the rowdy list in interest of justice and equity.
(b) Grant such other relief/s as this Hon’ble Court deems fit to grant in the fact and circumstances along with the cost of this proceeding in the ends of justice and equity.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition be disposed of with a liberty to the petitioner to file a fresh 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 fresh representation to the jurisdictional Deputy Commissioner of Police within two weeks from the date of receipt of certified copy of the order passed today, jurisdictional Deputy Commissioner of Police is directed to decide the representation afresh 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 SS