Karnataka High Court
Mallikarjunaiah @ Mallikarjuna 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.17198 OF 2014 (GM-POLICE)
BETWEEN:
MALLIKARJUNAIAH @ MALLIKARJUNA
@MALIKA
S/O.MALLAIAH,
AGED ABOUT 42 YEARS,
RESIDING AT MALLAIAH COMPLEX,
MYSORE ROAD,
KANAKAPURA TOWN,
RAMANAGARA DISTRICT,
PIN-562-117. ...PETITIONER
(BY SRI KEMPARAJU, ADV.)
AND:
1. THE STATE OF KARNATAKA BY
KANAKAPURA TOWN POLICE,
REP BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU-560-001.
2. DEPUTY SUPERINTEND OF POLICE,
CHENNAPATANA SUB DIVISION,
CHANNAPATANA,
PIN-562 138.
3. SUPERINTEND OF POLICE,
RAMANAGARA DISTRICT,
RAMANGARA,
PIN-562 159.
Date of order : 08.08.2017 in WP No.17198/2014
Mallikarjunaiah @ Mallikarjuna @ Malika
vs.
The State of Karnataka by Kanakapura Town Police and others
.
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4. INSPECTOR GENERAL OF POLICE
GOVT. OF KARNATAKA,
MILLOR ROAD,
BENGALURU-560 052.
5. THE SECRETARY,
HOME DEPARTMENT,
GOVT. OF KARNATAKA,
VIDHANASOUDHA,
BENGALURU-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
ISSUE A WRIT OF MANDAMUS AND QUASH THE ROWDY
SHEET OPENED BY THE R-1 AGAINST THE PETITIONER
UNDER VIDE ORDER FORM NO.100 ORDER NO.1059
DT.6.8.2003 AT ANNX-J.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING IN "B" GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Sri.Kemparaju, Adv. for Petitioner Smt. Prathima Honnapura, AGA for Respondents
1. The petition has been filed by the petitioner with the following prayers:
"a)Issue a writ of mandamus and quash the rowdy sheet opened by the respondent Date of order : 08.08.2017 in WP No.17198/2014 Mallikarjunaiah @ Mallikarjuna @ Malika vs. The State of Karnataka by Kanakapura Town Police and others .
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No.1 against the petitioner under vide order Form No.100 Order No.1059 dated 06.08.2003 at Annexure-"J" ; and
b) 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 Date of order : 08.08.2017 in WP No.17198/2014 Mallikarjunaiah @ Mallikarjuna @ Malika vs. The State of Karnataka by Kanakapura Town Police and others .
4/6 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 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, Ramanagara District, Ramanagara, and the said Authority shall decide such representation after giving a reasonable opportunity of hearing to the Date of order : 08.08.2017 in WP No.17198/2014 Mallikarjunaiah @ Mallikarjuna @ Malika vs. The State of Karnataka by Kanakapura Town Police and others .
5/6 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 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.
Date of order : 08.08.2017 in WP No.17198/2014 Mallikarjunaiah @ Mallikarjuna @ Malika vs. The State of Karnataka by Kanakapura Town Police and others .
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7. The petitioner, in the first instance may appear before the said Respondent -Superintendent of Police, Ramanagara District, Ramanagara, on 29/08/2017.
8. Accordingly, the present petition is disposed of. No costs.
Sd/-
JUDGE *alb/-.