Karnataka High Court
Jagadish Gouda vs The State Of Karnataka Home Department ... on 20 November, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC-K:8753
WP No. 202434 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 20TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.202434 OF 2024 (GM-POLICE)
BETWEEN:
JAGADISH GOUDA
S/O SANNA RANGAPPA,
AGE: 46 YEARS, OCC: AGRICULTURE,
R/O YAPALADINNI VILLAGE, RAICHUR,
DISTRICT RAICHUR - 584 102.
...PETITIONER
(BY SRI. SANTOSHKUMAR B. BIRADAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
Digitally signed HOME DEPARTMENT,
by SUMITRA
SHERIGAR REPRESENTED BY ITS SECRETARY,
Location: HIGH VIDHANA SOUHDA,
COURT OF DR. AMBEDKAR BHEEDHI,
KARNATAKA
BENGALURU - 560 001.
2. THE SUPERINTENDENT OF POLICE, RAICHUR,
RAICHUR-HYDERABAD RD., MANCHALEPUR,
DISTRICT RAICHUR,
KARNATAKA - 584 101.
3. THE DEPUTY SUPERINTENDENT OF POLICE,
RAICHUR, RAICHUR-HYDERBAD RD., MANCHALEPUR,
DISTRICT RAICHUR, KARNATAKA - 584 101.
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WP No. 202434 of 2024
4. THE INSPECTOR OF POLICE,
BY YAPALADINNI POLICE STATION,
DISTRICT RAICHUR - 584 102,
REPRESENTED BY STATE PUBLI PROSECUTOR HCGP,
HIGH COURT OF KARATNAKA,
KALABURAGI - 585 105.
...RESPONDENTS
(BY SRI. G. B. YADAV, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE
WRIT(S)/ORDER(S)/DIRECTION(S), THEREBY QUASHING THE
IMPUGNED ORDER/DIRECTION NO.1391/RAUV/ROWDY/2022
DATED 31.05.2022 ISSUED BY THE RESPONDENT NO.3
(ANNEXURE-B); ISSUE A WRIT OF CERTIORARI OR ANY OTHER
APPROPRIATE WRIT(S)/ORDER(S)/DIRECTION(S), THEREBY
QUASHING THE ENTRY OF THE NAME OF THE PETITIONER IN
THE LIST OF ROWDY SHEETER REGISTER OF THE
RESPONDENTS AND RENEWWAL AND CONTINUATION OF THE
SAME IN CONTINUATION OF ORDER/DIRECTION
NO.1391/RAUV/ROWDY/2022 DATED 31.05.2022 ISSUED BY
THE RESPONDENT NO.3 (ANNEXURE-C); ISSUE ANY OTHER
WRIT, ORDER OR DIRECTION THAT THIS PETITIONER IS
ENTITLED UNDER 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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WP No. 202434 of 2024
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:
"a) Issue a writ of certiorari or any other appropriate writ(s)/ order(s)/ direction(s), thereby quashing the impugned Order/Direction No.1391/RAUV/ROWDY/2022 dated 31.05.2022 issued by the respondent No.3 (Annexure-B);
b) Issue a writ of certiorari or any other appropriate writ(s)/ order(s)/ direction(s), thereby quashing the entry of the name of the petitioner in the list of Rowdy Sheeter Register of the respondents and renewal and continuation of the same in continuation of Order/Direction No.1391/RAUV/ROWDY/2022 dated 31.05.2022 issued by the respondent No.3 (Annexure-C);
c) Issue any other writ, order or direction that this petitioner is entitled under the facts and circumstances of the case in the ends of justice and equity."-4-
NC: 2024:KHC-K:8753 WP No. 202434 of 2024
2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondents and perused the material on record.
3. A perusal of the material on record will indicate that the criminal proceedings in Crime No.35/2022 was quashed by this Court in Criminal Petition No.201202/2023 dated 28.07.2023 and the petitioner was acquitted in C.C.No.4558/2022 dated 17.02.2024 by the Sessions Court, pursuant to which, the request of the petitioner vide representation dated 05.07.2024 to remove his name from the rowdy sheeters list was 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 (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 -5- NC: 2024:KHC-K:8753 WP No. 202434 of 2024 petitioner is to be excluded, deleted and removed from the rowdy sheeters list, by issuing necessary directions.
4. Per contra, learned High Court Government Pleader 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 (supra) was not followed by the respondents. It is seen that, no criminal cases are pending as against petitioner as on today. Further, the criminal proceeding in Crime No.35/2022 were quashed by this Court, while C.C.No.4558/2022 ended in acquittal of the petitioner. Hence, there is no impediment for the name of the petitioner to be excluded, deleted and removed from the rowdy sheeters list. Since the respondents did not take any steps in this regard despite representation submitted by the petitioner, I deem it just and appropriate to dispose -6- NC: 2024:KHC-K:8753 WP No. 202434 of 2024 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) The 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).
ii) The impugned order/direction bearing No.1391/RAUV/ROWDY/2022 dated 31.05.2022 issued by the 3rd respondent is hereby quashed insofar as the petitioner is concerned.
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. -7-
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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 LG List No.: 1 Sl No.: 21