Karnataka High Court
Maiboob @ Dastagir vs The State Of Karnataka And Ors on 13 November, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2024:KHC-K:8482
WP No. 202674 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.202674 OF 2024 (GM-POLICE)
BETWEEN:
SRI MAIBOOB @ DASTAGIR
S/O MOULASAB KALAMADI,
AGED ABOUT 48 YEARS, OCC: BUSINESS,
R/O NEAR IBRAHIM ROZA, VIJAYAPUR - 586 101.
...PETITIONER
(BY SRI. S. S. MAMADAPUR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HOME,
Digitally signed
by SUMITRA VIDHAN SOUDHA, BENGALURU - 01.
SHERIGAR
Location: HIGH 2. THE SUPERINTENDANT OF POLICE,
COURT OF
KARNATAKA DIST. VIJAYAPURA - 586 201.
3. THE DEPUTY SUPERINTENDANT OF POLICE,
VIJAYAPURA - 586 101.
4. THE POLICE SUB INSPECTOR,
GANDHI CHOWK POLICE STATION,
VIJAYAPURA - 586 101.
...RESPONDENTS
(BY SRI. G. B. YADAV, HCGP)
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NC: 2024:KHC-K:8482
WP No. 202674 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF CERTIORARI OR ORDER OR ANY OTHER
DIRECTION IN THE NATURE OF A WRIT QUASHING THE ORDER
INCLUDING THE NAME OF THE PETITIONER IN THE LIST OF
ROWDY SHEETERS, IN THE INTEREST OF JUSTICE AND EQUITY
AND GRANT SUCH OTHER RELIEFS AS THIS HON'BLE COURT
DEEMS FIT TO GRANT UNDER THE FACTS AND
CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR) In this petition, the petitioner seeks the following reliefs:
"i) Issue a writ of certiorari or order or any other direction in the nature of a writ quashing the order including the name of the petitioner in the list of rowdy sheeters, in the interest of justice and equity.
ii) Grant such other reliefs as this Hon'ble Court deems fit to grant under the facts and circumstances of the case in the interest of justice and equity."-3-
NC: 2024:KHC-K:8482 WP No. 202674 of 2024
2. Learned counsel for the petitioner has filed a memo along with a copy of the proceedings dated 01.03.2024 initiated by Taluka Executive Magistrate, Vijayapur in order to contend that the name of the petitioner has been included in the Rowdy Sheeter list as a result of which, proceedings under Section 107 of Cr.P.C. have been initiated against the petitioner, who is before this Court interalia contending that when the petitioner sought for details as to how, when and why his name was included in the Rowdy Sheeter list, the respondents have issued an endorsement an endorsement that it is not possible to furnish such information. It is contended that as long back as on 12.11.2021 itself, the petitioner, who was arrayed as accused No.2 in Criminal Case No.990/2019 has been acquitted by the learned Magistrate and consequently, the question of including the petitioner's name in the Rowdy Sheeter list would not arise and the same deserves to be deleted in the light of the judgment of this Court in the case of B.S. Prakash Vs. -4- NC: 2024:KHC-K:8482 WP No. 202674 of 2024 State of Karnataka and others (2022 (2) KAR L.R.
457).
3. Per contra, learned High Court Government Pleader for the respondents submits that, there is no merit in the petition and that the same is liable to be dismissed.
4. A perusal of the material on record will indicate that, the respondents are not in a position to substantiate the allegations made in the in the proceedings initiated by them under Section 107 of Cr.P.C. as to when, how and why the name of the petitioner was included in the Rowdy Sheeter list. On the other hand, the criminal proceedings as against the petitioner ended in the acquittal of the petitioner as long back as on 12.11.2021 in C.C.No.990/2019 and the request made by the petitioner to the respondents to furnish the information as regards his inclusion in the Rowdy Sheeter list have not been complied with by the respondents, who issued an endorsement dated 23.07.2024 to the effect that it is not possible to provide such information. It is, therefore, clear -5- NC: 2024:KHC-K:8482 WP No. 202674 of 2024 that in the event the name of the petitioner is included in the Rowdy Sheeter list as on today, in the light of the judgment of this Court in B.S. Prakash's case supra, necessary directions are to be issued to the respondents to delete the name of the petitioner from the Rowdy Sheeter list, if included as on today, within a stipulated time frame.
5. In the result, I pass the following:
ORDER
i) The petition is disposed of.
ii) The respondents are directed to delete the name of the petitioner from the Rowdy Sheeter list, if included as on today, bearing in mind the principles laid down by this Court in B.S. Prakash's case supra, within a period of four weeks from the date of receipt of a copy of this order.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE LG List No.: 1 Sl No.: 36