IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.17134 OF 2018 (GM-POLICE) BETWEEN:
SURESH SHETTY @ SURESH S/O SUNDAR SHETTY AGED ABOUT 27 YEARS, GROUND FLOOR, KALAYAN NAGAR NAGARBHAVI BANGALORE (By SMT.SARITHA KULKARNI. ADV.) AND:
STATE OF KARNATAKA REPRESENTED BY ASHOK NAGAR POLICE STATION BANGALORE … PETITIONER (By Mr.VIJAY KUMAR A. PATIL AGA) - - -
… RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER PASED BY THE RESPONDENT POLICE IN FILE NO. CC 85/ACP / KAPA / 2016, DATED 03.03.2016 VIDE ANNEXURE-B AND CONSEQUENTLY DIRECT THE RESPONDENT POLICE TO DELETE THE NAME OF THE PETITIONER IN ROWDY SHEET.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt.Saritha Kulkarni., learned counsel for the petitioner.
Mr.Vijay Kumar A.Patil, learned Additional Government Advocate for respondent.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner inter alia seeks a writ of certiorari for quashment of the order dated 03.03.2016 as well as a direction to the respondent to delete the name of the petitioner in the rowdy sheet.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the criminal case, which was registered against the petitioner and on the basis of which the petitioner’s name was included in the rowdy list has been quashed by this Court. It is further submitted that there is no criminal case, which is pending against the petitioner and therefore, there is absolutely no justification for the continuance of the name of the petitioner in the rowdy register. On the other hand, learned Government Advocate for respondent submitted that the competent authority is under an obligation to review the list periodically and in case the petitioner submits a representation, the same shall be dealt with in accordance with law by a speaking order.
5. In view of the aforesaid submissions and in the facts of the case, the Writ Petition is disposed of with a liberty to the petitioner that in case the petitioner files an application for removal of his name from the rowdy register within a period of two weeks from the date of receipt of certified copy of the order passed today, the competent authority shall decide the same by a speaking order within a period of three weeks from the date of such application being filed.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS