Karnataka High Court
Syed Imad Quadri And Anr vs The State Of Karnataka And Ors on 17 December, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC-K:9753
WP No. 203724 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 17TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 203724 OF 2024 (GM-POLICE)
BETWEEN:
1. SYED IMAD QUADRI
S/O SYED MOUZAM QUADRI,
AGE: 33 YEARS, OCC: STUDENT,
R/O H.NO.4-601/71A, BEHIND,
BAQHER FUNCTION HALL,
BASAVESHWAR COLONY, RING ROAD,
KALABURAGI-585104.
2. MOHAMMAD MERAJ @ MERAJ PASHA
S/O ADBUL HAMEED,
AGE: 33 YEARS, OCC: BUSINESS,
R/O H.NO.5-993/195, OPP. SBH BANK,
Digitally
signed by
MAHEBOOB NAGAR COLONY, RING ROAD,
LUCYGRACE
Location:
KALABURAGI-585104
HIGH
COURT OF
KARNATAKA ...PETITIONERS
(BY SRI. GANESH NAIK, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH ITS DEPARTMENT OF HOME
REPRESENTED BY ITS HOME SECRETARY TO THE
GOVERNMENT HOME DEPT.,
VIDHANAN SOUDHA,
BANGALORE-560001.
2. THE DEPUTY COMMISSIONER/
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NC: 2024:KHC-K:9753
WP No. 203724 of 2024
DISTRICT MAGISTRATE,
KALABURAGI-585101.
3. THE COMMISSIONER OF POLICE,
KALABURAGI-585105.
4. THE ASSISTANT COMMISSIONER OF POLICE,
KALABURAGI-585105.
5. THE POLICE INSPECTOR,
ROZA POLICE STATION,
KALABURAGI -585104.
...RESPONDENTS
(BY SRI.G.B.YADAV, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, (A)
ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE
WRIT, ORDER OR DIRECTION QUASHING ENDORSEMENT
BEARING NO.¸ÀA. /gÉÆÃ.oÁ/PÀ.£À/2024, ISSUED BY THE RESPONDENT
NO.5 VIDE ANNEXURE-E AND DELETION OF NAME FROM THE
ROWDY REGISTER BEARING NO.ORDER
NO.807/R/SDPO/B/2017 DATED 25.11.2017 ORDER
NO.805/R/SDPO/B/2017 DATED 25.11.2017 AGAINST
PETITIONERS. (B) ISSUE ANY OTHER APPROPRIATE WRIT
ORDER OR DIRECTION AS THIS HON'BLE COURT MAY DEEM
FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE
CASE IN THE ENDS OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2024:KHC-K:9753
WP No. 203724 of 2024
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR)
1. In this petition, petitioners seek the following reliefs:
"Issue a writ of certiorari or any other appropriate writ, order or direction quashing endorsement bearing No.Ro.Tha/Ka.Na/2024, dated 30.11.2024 issued by the respondent No.5 vide Annexure-E, and deletion of name from the Rowdy Register bearing No.807/R/SDPO/B/2017 dated 25.11.2017 and order No.805/R/SDPO/B/2017 dated 25.11.2017 against petitioners."
2. Heard learned counsel for the petitioners and learned counsel for the respondents and perused the material on record.
3. A perusal of the material on record will indicate that the criminal petition in Special Case No.125/2018 ended in acquittal of the petitioner vide Judgment dated 03.02.2020 passed by the Sessions Court, pursuant to which, the request of the petitioners vide representations -4- NC: 2024:KHC-K:9753 WP No. 203724 of 2024 dated 06.05.2024 to remove his name from the rowdy sheeters' list were not complied with by the respondents and as such, the petitioner is before this Court by way of the present writ petition, inter alia, contending that the very inclusion of the name of the petitioner in the rowdy sheeters' list is contrary to the Judgment of this Court in the case of B.S.Prakash Vs. State of Karnataka and others, reported in 2022 (2) KAR L.R. 45 and the in the light of the acquittal of the petitioner in the aforesaid criminal proceedings, the name of the petitioner is to be excluded, deleted and removed from the rowdy sheeters' list, by issuing necessary directions.
4. Per contra, learned counsel for the respondents submits that there is no merit in the petition and the same deserves to be dismissed.
5. A perusal of the material on record will indicate that it is an undisputed fact that before inclusion of the name of the petitioner in the rowdy sheeters' list, the procedure prescribed by this Court in B.S. Prakash's case -5- NC: 2024:KHC-K:9753 WP No. 203724 of 2024 (supra), was not followed by the respondents. It is seen that, no criminal cases are pending as against petitioner as on today. Further, only the criminal proceeding in Special Case No.125/2018 ended in the acquittal of the petitioner, there is no impediment for the name of the petitioner to be excluded, deleted and removed from the rowdy sheeters' list and the respondents did not take any steps in this regard, despite representations submitted by the petitioner and issued the impugned endorsement. Therefore, I deem it just and appropriate to dispose of this petition by issuing directions for deletion of the name of the petitioner from the rowdy sheeters' list.
6. In the result, I pass the following:
ORDER
i) Petition is hereby allowed and disposed of in terms of the judgment of this Court in B.S. Prakash Vs. State of Karnataka and others - 2022 (2) KAR L.R. 457.-6-
NC: 2024:KHC-K:9753 WP No. 203724 of 2024
ii) The impugned endorsement dated 30- 11-2024 issued by the concerned respondents at Annexure-E is hereby quashed
iii) The concerned respondents are directed to remove, exclude and delete the name of the petitioner from the rowdy sheeters' list, within a period of four weeks from the date of receipt of the copy of this order.
iv) Liberty is reserved in favour of the concerned respondents to proceed further, by following the guidelines in the case of B.S. Prakash Vs. State of Karnataka and others - 2022 (2) KAR L.R. 45.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE SVH List No.: 2 Sl No.: 10