Karnataka High Court
Javed S/O Mohammed Shafi Mulla vs The State Of Karnataka on 17 February, 2023
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 17TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA
W.P.No.105473/2022 (GM-POLICE)
C/W
W.P.No.104332/2022 (GM-POLICE),
W.P.No.105066/2022 (GM-POLICE)
In W.P.No.105473/2022
BETWEEN:
1. SHOAIB, S/O IQBAL MAKANDAR,
AGE:28, OCCUPATION - JOB,
R/O CHIRAG MAKAN, KUMBAR GALLI,
NIPPANI,
NOW RESIDING AT: PLOT No.25,
R.S.No.661, NEAR 4TH RAILWARY GATE,
NEW BABLE GALLI, ANGOL,
BELAGAVI - 590 006.
... PETITIONER
(BY W.M.SHAHPURI, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
BY ITS SECRETARY HOME DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. SUPERINTENDENT OF POLICE,
AT:SP OFFICE, SUBHASH NAGAR,
BELAGAVI - 590 010.
2
3. POLICE SUB INSPECTOR,
BASVESHWAR CHOWK POLICE STATION,
NIPPANI,
DIST:BELAGAVI.
... RESPONDENTS
(BY KIRAN S.JAVALI, SPP-I A/W SRI. H.S.SHANKAR,
HCGP FOR RESPONDENTS)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE RESPONDENTS TO DELETE THE NAME OF THE
PETITIONER FROM THE LIST OF ROWDY SHEETER AND
MODUS OPERANDI BUREAU OPENED BY THE RESPONDENTS.
In W.P.No.104332/2022
BETWEEN:
1. JAVED, S/O MOHAMMED SHAFI MULLA,
AGE:33 YEARS,
OCCUPATION:DRIVER,
R/O GAJABARWADI PLOT,
HUKKERI - 591 309.
... PETITIONER
(BY SRI.A.D.NADAF, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY ITS SECRETARY HOME DEPARTMENT,
VIDHAN SOUDHA,
BENGALURU - 560 001.
2. SUPERINTENDENT OF POLICE,
POLICE COMMISSIONER OFFICE ROAD,
BELAGAVI - 590 001.
3. DEPUTY SUPERINTENDENT OF POLICE,
3
OFFICE AT GOKAK - 591 307.
4. THE POLICE SUB INSPECTOR,
TOWN POLICE STATION,
HUKKERI - 591 309.
... RESPONDENTS
(BY SRI.KIRAN S.JAVALI, SPP-I A/W
SRI. H.S.SHANKAR, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH/DELETE THE ROWDY SHEETER OPENED IN THE NAME
OF THE PETITIONER BY THE RESPONDENTS, ETC.
In W.P.No.105066/2022
BETWEEN:
1. IMRAN,
S/O QADIRAHMED KITTUR,
AGE:43 YEARS,
OCCUPATION BUSINESS,
R/O #3747, BAGWAN GALLI,
BELAGAVI - 590 001.
... PETITIONER
(BY SRI.A.D.NADAF, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY ITS SECRETARY HOME DEPT,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. COMMISSIONER OF POLICE,
POLICE COMMISSIONER OFFICE ROAD,
POLICE HEAD QUARTERS,
BELAGAVI - 590 001.
3. THE DEPUTY COMMISSIONER OF POLICE,
(LAW AND ORDER), BELAGAVI,
4
POLICE COMMISSIONER OFFICE ROAD,
POLICE HEAD QUARTERS,
BELAGAVI - 590 001.
4. MARKET POLICE STATION,
OPPOSITE NIYAZ HOTEL,
BUS STAND ROAD,
BELAGAVI - 590 001.
... RESPONDENTS
(BY SRI.KIRAN.S.JAVALI, SPP-I A/W
SRI. H.S.SHANKAR, HCGP FOR RESPONDENTS)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ROWDY SHEETER AND MODUS OPERANDI BUREAU
OPENED IN THE NAME OF THE PETITIONER BY THE
RESPONDENT, ETC.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. In these writ petitions, the continuation of the names of the petitioners in the Rowdy Sheeters list was challenged.
2. In one of these writ petitions, the legality of Paragraph 1059 of the Karnataka Police Manual is also called in question.
3. The learned State Public Prosecutor has filed a memo in all the three writ petitions to the effect that 5 petitioners' names have been deleted from the Rowdy Sheeters list and therefore, these writ petitions have become infructuous.
4. The learned counsel for the petitioners contended that notwithstanding the removal of the petitioners name from the Rowdy Sheeters List, the prayer regarding the validity of paragraph 1059 of the Karnataka Police Manual could still be considered.
5. In my view, since the principal prayer in the writ petitions which relates to the inclusion of the petitioners in the Rowdy Sheeters list no longer survives for consideration, it would not be proper to keep these writ petitions pending.
6. For the above reasons, without going into the question of validity of paragraph 1059 of the Karnataka Police Manual, these writ petitions are disposed off as having become unnecessary.
6
7. The petitioners are at liberty to challenge the validity of paragraph 1059 of the Karnataka Police Manual, if the need so arises.
SD/-
JUDGE RK CT:SN