IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.35185/2018 (GM-POLICE) BETWEEN:
Y SRINIVASA @ SEENA @ SEENA, KADU SEENA, S/O YELLAPPA, AGED ABOUT 45 YEARS, R/AT NO.NO, NEAR MANGAMMA TEMPLE BEHIND ASWIN NURSING HOME BELAKHAHALLI, BHANEERGHATTA ROAD BANGALORE - 560 076. ... PETITIONER (By Sri. R. V.RAJASHEKARA, ADV. ) AND:
1. THE STATE OF KARNATAKA, BY ITS SECRETARY, HOME DEPARTMENT, M S BUILDING, BANGALORE-560 001.
2. THE COMMISSIONER OF POLICE , INFANTRY ROAD, BANGALORE-560 001.
3. THE DEPUTY COMMISSIONER OF POLICE, CENTRAL DIVISION, CUBBON PARK, BANGALORE – 560 002.
4. THE DEPUTY COMMISSIONER OF POLICE, AGNEYA DIVISION, KORAMANGALA , BANGALORE-560 025.
5. THE POLICE INSPECTOR, MICO LAY OUT POLICE STATION, BANGALORE-560 078.
6. THE ASSISTANT COMMISSIONER OF POLICE, HALASUR GATE , BANGALORE-560 002.
7. THE POLICE INSPECTOR , SAMPANGIRAMANAGAR POLICE, BANGALORE-560 002. ... RESPONDENTS (By Sri B.BALAKRISHNA, AGA. ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ‘C’ ROWDY SHEETY NO.413/AC 3/1995 DATED 30.08.1995 AND DIRECT 47 TO CLOSE THE ‘C’ ROWDY SHEET AGAINST THE PETITIONER.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri R.V.Rajashekara, learned counsel for the petitioner.
Sri B.Balakrishna, learned Additional Government Advocate for respondents.
2. Petition is admitted for hearing. With consent of the parties, same is heard finally.
3. In this petition under Articles 226 & 227 of the Constitution of India, the petitioner is seeking a writ of certiorari to quash impugned ‘C’ rowdy sheet No.413/AC 3/1995 dated 30.08.1995.
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 fresh representation before the competent authority. 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 liberty that if the petitioner makes a fresh representation to the competent authority within two weeks from the date of receipt of certified copy of the order passed today, the competent authority 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. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE PKS