Karnataka High Court
B.R. Bhaskar Prasad vs The State Of Karnataka By on 8 August, 2017
Author: Vineet Kothari
Bench: Vineet Kothari
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF AUGUST, 2017
BEFORE
THE HON'BLE Dr. JUSTICE VINEET KOTHARI
WRIT PETITION NO.52612 OF 2014 (GM-POLICE)
BETWEEN:
B.R.BHASKAR PRASAD,
S/O.RAMPRASAD,
AGED ABOUT 42 YEARS,
NO.2388, JAYANAGARA,
KASABA HOBLI, NELAMANGALA TOWN,
BENGALURU RURAL DISTRICT.
PIN CODE:562123.
...PETITIONER
(BY SRI M S SHYAM SUNDAR, ADV.)
AND:
1. THE STATE OF KARNATAKA BY
THE DIRECTOR GENERAL OF POLICE,
OFFICE OF DGP, NRUPATHUNGA ROAD,
BENGALURU-560001.
2. THE STATE OF KARNATAKA BY
THE DEPUTY COMMISSIONER AND DISTRICT
EXECUTIVE MAGISTRATE,
BENGALURU RURAL DISTRICT,
BENALURU-560002.
3. THE SUPERINTENDENT OF POLICE,
BANGALORE RURAL DISTRICT,
OFFICE OF THE SUPERINTENDENT OF POLICE,
NO.108, PALACE ROAD,
BENGALURU-560005.
Date of order : 08.08.2017 in WP No.52612/2014
B.R.Bhaskar Prasad vs. The State of Karnataka by the Director
General of Police and others
.
2/7
4. THE DY.SUPERINTENDET OF POLICE,
NELAMANGALA SUB-DIVISION,
NELAMANGALA,
BENGALURU RURAL DISTRICT-561123.
5. THE CIRCLE INSPECTOR OF POLICE,
NELAMANGALA CIRCLE,
NELAMANGALA,
BENGALURU RURAL DISTRICT-562123.
6. THE SUB-INSPECTOR OF POLICE,
NELAMANGALA TOWN POLICE STATION,
NELAMANGALA,
BANGALORE RURAL DISTRICT-562123.
...RESPONDENTS
(BY SMT PRATHIMA HONNAPURA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER DATED 09.02.2008 OF
THE RESPONDENT DY.SP.OPENING HISTORY SHEET
(ROWDY SHEET) ON THE PETITIONER VIDE ANNE-E, AND
ALSO THE RESPONDENT SUPERINTENDENT OF POLICE'S
ENDORSEMENT DATED 11.06.2013 VIDE ANN-O TO THE
WP REFUSING TO RENEW THE PETITIONER'S ARMS
LICENCE AND CLOSING THE ROWDY SHEET BY QUOTING
UNFAIR AND FALSE REASONS ETC.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING IN "B" GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
Date of order : 08.08.2017 in WP No.52612/2014
B.R.Bhaskar Prasad vs. The State of Karnataka by the Director
General of Police and others
.
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ORDER
Sri.M.S.Shyam Sundar, Adv. for Petitioner Smt.Prathima Honnapura, AGA for Respondents
1. The petition has been filed by the petitioner with the following prayers:
"a)Issue an appropriate writ or order or direction, quashing the impugned Order No.SDPO/NELA/MRR/48/08 dated 9.2.2008 of the respondent Dy.SP, opening History Sheet(Rowdy Sheet) on the petitioner(vide Annexure-E to the writ petition) and also the respondent Supreintendent of Police's endorsement dated 11.06.2013 bearing No.108/Saa(2)/2013 (vide Annexure-O to the writ petition) refusing to renew the petitioner's Arms License and closing the rowdy sheet by quoting unfair and false reasons;
b)Direct the respondent Police to remove the name of the Petitioner from Rowdy sheet;
c)Direct the respondent Dy.Commissioner, Bangalore Rural District and concerned respondents to renew or cause to renew the Arms License of the petitioner; and
d)Pass such other orders or directions deems fit to be passed in favour of the petitioner under the Date of order : 08.08.2017 in WP No.52612/2014 B.R.Bhaskar Prasad vs. The State of Karnataka by the Director General of Police and others .4/7
circumstances of the case in the interest of justice and equity"
2. The grievance raised by the petitioner is that his name has been wrongly entered in the Rowdy Sheet maintained under Order 1059 of the Karnataka Police Manual and the representation made to the higher Authority of the Police Department has not been considered and disposed of by the concerned Authority and the petitioner's rights are prejudicially affected by such entry in the Rowdy Sheet maintained under the aforesaid Order 1059 of the Karnataka Police Manual.
3. After hearing the learned counsels, in the considered opinion of this Court, this Court considers that interference in the impugned entry in the Rowdy Sheet maintained under the aforesaid Order 1059 of the Karnataka Police Manual, at this stage by this Date of order : 08.08.2017 in WP No.52612/2014 B.R.Bhaskar Prasad vs. The State of Karnataka by the Director General of Police and others .
5/7 Court would be premature and since each case essentially involves an enquiry into the facts and application of mind by the concerned Authorities of the Police Department to decide whether the name of the present petitioner deserves to be entered in the Rowdy Sheet or not and whether with the change of circumstances the same deserves to be removed from the said Sheet or not.
4. It is considered appropriate therefore that the present petitioner may make his detailed representation to the higher Authorities of the Police Department namely, Superintendent of Police, Bengaluru Rural District, Bengaluru, and the said Authority shall decide such representation after giving a reasonable opportunity of hearing to the petitioner by a detailed speaking order meeting all the Date of order : 08.08.2017 in WP No.52612/2014 B.R.Bhaskar Prasad vs. The State of Karnataka by the Director General of Police and others .
6/7 points raised by the petitioner separately in such order to be passed by the said Authority.
5. A period of two months from the date of first appearance of the petitioner before the said Authority is allowed to the said Respondent to pass a speaking and detailed reasoned order meeting all the points raised by the petitioner separately in accordance with law.
6. It is needless to say that if any adverse order is passed against the petitioner, the petitioner will be free to avail the legal remedy against such order in accordance with law, including by way of Complaint under Section 20-C of the Karnataka Police Act before the State Police Complaints Authority.
7. The petitioner, in the first instance may appear before the said Respondent - Superintendent of Date of order : 08.08.2017 in WP No.52612/2014 B.R.Bhaskar Prasad vs. The State of Karnataka by the Director General of Police and others .
7/7 Police, Bengaluru Rural District, Bengaluru, on 30/08/2017.
8. Accordingly, the present petition is disposed of. No costs.
Sd/-
JUDGE *alb/-