Karnataka High Court
Kiran Kumar S vs Shivaprasad on 3 August, 2017
Author: Vineet Kothari
Bench: Vineet Kothari
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF AUGUST, 2017
BEFORE
THE HON'BLE Dr.JUSTICE VINEET KOTHARI
WP No.21634/2013 (GM-POLICE)
BETWEEN
KIRAN KUMAR S.,
S/O SAMPATHKUMAR,
AGED ABOUT 24 YEARS,
RESIDING AT NO.44,
2ND CROSS, CHOLARAPALYA,
MAGADI ROAD,
BANGALORE - 560 023. ...PETITIONER
(BY SRI. K. LAKSHMIKANTH, ADVOCATE)
AND
1. SHIVAPRASAD
POLICE CONSTABLE NO. 11010
THAN THE POLICE CONSTABLE,
MAGADI ROAD POLICE STATION,
MAGADI ROAD,
BANGALORE 560 023.
2. KUMAR
POLICE CONSTABLE NO. 7326
THAN THE POLICE CONSTABLE,
MAGADI ROAD POLICE STATION,
MAGADI ROAD,
BANGALORE 560 023.
3. POLICE INSPECTOR
BY MAGADI ROAD POLICE STATION,
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR,
Date of order : 03.08.2017 in WP No. 21634/2013
Kiran Kumar S.
vs.
Shivaprasad and others
.
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HIGH COURT BUILDING,
BANGALORE 560 001.
4. STATE OF KARNATAKA BY
ASSISTANT COMMISSIONER OF POLICE,
VIJAYANAGAR SUB-DIVISION,
BANGALORE - 560 023.
5. THE COMMISSIONER OF POLICE
INFANTRY ROAD,
BANGALORE 560 001.
6. THE SECRETARY,
HOME DEPARTMENT,
GOVT OF KARNATAKA,
VIDHANASOUDHA,
BANGALORE - 560 001. ...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 ORDER OF THE R-4 TO OPEN THE ROWDY SHEET AGAINST
THE PETITIONER VIDE DT. 20.1.2013 VIDE ANNX-E AND QUASH
THE ROWDY SHEET OPENED BY THE R-3.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Mr. K. Lakshmikanth, Adv. for Petitioner. Mrs. Prathima Honnapura, AGA for Respondents
1. The petition has been filed by the petitioner with the following prayer:
Date of order : 03.08.2017 in WP No. 21634/2013 Kiran Kumar S. vs. Shivaprasad and others .3/5
"Wherefore, it is respectfully prayed that, this Hon'ble Court may be pleased to issue a writ of certiorari and quash the order of the respondent No.4 to open the rowdy sheet against the petitioner vide No.VSD/RS/01/2013 dated 20.01.2013 mentioned in Annexure-'E' and quash the rowdy sheet opened by the Respondent No.3 and pass such necessary order/s as this Hon'ble Court deems fit, in the interest of justice."
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 Date of order : 03.08.2017 in WP No. 21634/2013 Kiran Kumar S. vs. Shivaprasad and others .
4/5 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 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, Deputy Commissioner of Police, Bangalore, 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 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 Date of order : 03.08.2017 in WP No. 21634/2013 Kiran Kumar S. vs. Shivaprasad and others .
5/5 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 - Deputy Commissioner of Police, Bangalore, on 24/08/2017.
8. Accordingly, the present petition is disposed of. No costs.
9. Copy of this order be sent to the Respondents forthwith.
Sd/-
JUDGE ST