Karnataka High Court
Akbar Khan vs The State Of Karnataka on 1 August, 2017
Author: Vineet Kothari
Bench: Vineet Kothari
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 1ST DAY OF AUGUST, 2017
BEFORE
THE HON'BLE Dr.JUSTICE VINEET KOTHARI
WRIT PETITION Nos.46906-908/2016 (GM- POLICE)
Between:
1. Akbar Khan
S/o Manzoor Khan @ Alimulla,
Aged about 38 years,
R/at A P Mohalla,
Behind Anwar Pasha
Kalyana Mantapa
Chamarajanagar Town - 571 313.
2. Thabraz Khan @ Thabrez
S/o Manzoor Khan @ Alimulla,
Aged about 35 years,
R/at A P Mohalla,
Behind Anwar Pasha
Kalyana Mantapa,
Chamarajanagara Town - 571 313.
3. Younus Ali @ Younus
S/o Manzoor Khan @ Alimulla,
Aged about 28 years,
Lorry driver/Owner,
House No. 6/11 Beedi Colony,
6/117 3rd Cross, Mohalla,
Chamarajanagara Town - 577 313. ... Petitioners
(By Mr. Manjunath N.D., Advocate)
Date of Order 01-08-2017 W.P.Nos.46906-908/2016
Akbar Khan and others Vs.
The State of Karnataka and others
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And:
1. The State of Karnataka
Home Department,
By its Secretary,
Vidhana Soudha,
Bangalore - 01.
2. Superintend of Police
Chamarajanagara District,
Chamarajanagara - 571 313.
3. Circle Police Inspector
Town Police Station,
Chamarajanagara - 571 301. ... Respondents
(By Ms. Prathima Honnapura, AGA)
*****
These Writ Petitions are filed under Article 226 and
227 of the Constitution of India, praying to quash the
impugned Police Notice issued by R-3 as per Annexure-G
issued to the Petitioner 1 and etc.,
These Writ Petitions coming on for Preliminary Hearing
in 'B' Group this day, the Court made the following:-
ORDER
1. The writ petitions have been filed by the petitioners with the following prayers:
"Wherefore, the Petitioner most humbly and respectfully prays that this Hon'ble Court may be pleased to-
Date of Order 01-08-2017 W.P.Nos.46906-908/2016 Akbar Khan and others Vs. The State of Karnataka and others 3/6
1) Issue a Writ of Certiorari by quashing
a) The impugned police notice issued by the 3rd respondent as per Annexure-G issued to the 1st petitioner;
b) The impugned police notice issued by the 3rd respondent as per Annexure-H issued to the 2nd petitioner; and
c) The impugned police notice issued by the 3rd respondent as per Annexure-J issued to the 3rd petitioner."
2) Issue a writ in the nature of mandamus by directing the respondent No. 3 remove/delete the names of the petitioners from the rowdy register maintained by the 3rd respondent, Town Police station Chamarajanagara.
3) Issue any other appropriate Writ, order of directions as this Hon'ble Court deems fit to under the facts and circumstances of the case, to meet the ends of justice and equity."
2. The grievance raised by the petitioners is that their names have been wrongly entered in the Rowdy Date of Order 01-08-2017 W.P.Nos.46906-908/2016 Akbar Khan and others Vs. The State of Karnataka and others 4/6 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 petitioners' 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 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 names of the present petitioners deserve to be entered in the Rowdy Date of Order 01-08-2017 W.P.Nos.46906-908/2016 Akbar Khan and others Vs. The State of Karnataka and others 5/6 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 petitioners may make their detailed representation to the higher Authorities of the Police Department namely, Superintendent of Police, Chamarajanagar, and the said Authority shall decide such representation after giving a reasonable opportunity of hearing to the petitioners by a detailed speaking order meeting all the points raised by the petitioners 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 petitioners before the said Authority is allowed to the said Respondent to pass a speaking and detailed reasoned order meeting all the points Date of Order 01-08-2017 W.P.Nos.46906-908/2016 Akbar Khan and others Vs. The State of Karnataka and others 6/6 raised by the petitioners separately in accordance with law.
6. It is needless to say that if any adverse order is passed against the petitioners, the petitioners 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 petitioners, in the first instance may appear before the said Respondent - Superintendent of Police, Chamarajanagar, on 16/08/2017.
8. Accordingly, the present petitions are disposed of. No costs.
9. Copy of this order be sent to the Respondents forthwith.
Sd/-
JUDGE BMV*