Karnataka High Court
Sri Shivakumar T vs The State Of Karnataka on 26 July, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:30077
WP No. 17655 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 17655 OF 2024 (GM-POLICE)
BETWEEN:
SRI SHIVAKUMAR T
S/O. THAMMAIAH,
AGED ABOUT 53 YEARS,
R/AT NO.75, KATTUGOLLAHALLI,
MANDUR POST, BIDARAHALLI HOBLI,
BANGALORE EAST TALUK,
BENGALURU - 560 049.
...PETITIONER
(BY SRI. R SHASHI KUMAR.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY,
DEPARTMENT OF HOME AFFAIRS,
M.S. BUILDING, DR. AMBEDKAR VEEDHI,
Digitally signed
by BANGALORE - 560 001.
LEELAVATHI S
R 2. THE SUPERINTENDENT OF POLICE,
Location: HIGH BENGALURU RURAL DISTRICT,
COURT OF
KARNATAKA BENGALURU - 560 001.
3. THE ADDITIONAL SUPERINTENDENT OF POLICE,
BENGALURU RURAL DISTRICT,
BENGALURU - 560 001.
4. DEPUTY SUPERINTENDENT OF POLICE
HOSAKOTE SUB-DIVISION,
HOSAKOTE,
BENGALURU RURAL DISTRICT - 562 114.
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NC: 2024:KHC:30077
WP No. 17655 of 2024
5. THE INSPECTOR OF POLICE
HOSAKOTE POLICE STATION,
HOSAKOTE CIRCLE,
BANGALORE RURAL DISTRICT - 562 114.
6. THE SUB-INSPECTOR OF POLICE
AVALAHALLI POLICE STATION,
AVALAHALLI,
BANGALORE RURAL DISTRICT - 560 049.
...RESPONDENTS
(BY SRI. S. T. NAIK., AGA)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO CALL FOR ORDER FROM
THE R-2 TO 6 AUTHORITIES WITH RESPECT TO THE INCLUSION
OF THE NAME OF THE PETITIONER IN THE ROWDY SHEET
MAINTAINED BY THEM AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition petitioner seeks following reliefs:
"a) To call for order from the respondent No.2 to 6 authorities with respect to the inclusion of the name of the petitioner in the rowdy sheet maintained by them;
b) Issue a writ, order or direction in the nature of Certiorari or any other appropriate writ, order or direction to direct the 2nd respondent to remove/delete the name the petitioner from "ROWDY SHEET" against the petitioner maintained by Respondents. -3-
NC: 2024:KHC:30077 WP No. 17655 of 2024
c) Issue a writ, order or direction in the nature of Mandamus or any other appropriate writ, order or direction to directing the 2nd respondent consider the representation dated 07/03/2023 and pass necessary orders to remove the name of the petitioner from the Rowdy sheet in accordance with law. (ANNEXURE - G).
d) Grant such other orders as this Hon'ble court deems fit in the fact and circumstances of the case in the interest of justice."
2. Heard learned counsel for the petitioner and learned Additional Government Advocate for the respondents and perused the material on record.
3. A perusal of the material on record, indicates that the petitioner is defendant No.1 in O.S.No.1235/2007 filed by one Smt.Muniyamma against the petitioner and others on the file of VII Additional Senior Civil Judge, Bangalore for declaration injunction and other relifs in relation to the suit schedule immovable property. During the pendency of said civil suit, a police complaint dated 13.03.2014 having been filed by one Muniraja, grand son of -4- NC: 2024:KHC:30077 WP No. 17655 of 2024 Smt.Muniyamma the plaintiff in O.S.No.1235/2007, FIR in Crime No.66/2014 was registered against the petitioner as accused No.1 and petitioner has obtained bail in this regard on 15.05.2014. It is the grievance of the petitioner that respondents have included the name of the petitioner opened the rowdy sheet register against the petitioner and included his name in the rowdy sheeter register without appreciating that there was Civil dispute in the parties and the same is in contravention of the principles laid down by this Court in B. S. Prakash Vs. State of Karnataka and Others registered in 2022 (2) KAR.L.R 457 and consequently, the name of the petitioner from the said rowdy sheeter register deserves to be deleted.
4. Per contra, learned Additional Government Advocate would support the impugned order and submit that there is no merit in the petition and same is liable to be dismissed.
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NC: 2024:KHC:30077 WP No. 17655 of 2024
5. As rightly contended by the learned counsel for the petitioner, apart from the fact that the impugned order is illegal and arbitrary being contrary to the principles laid down by this Court in B. S. Prakash (Supra), the dispute between the petitioner/accused No.1 and the complainant who none other than the grand son of the plaintiff in O.S.No.1235/2007 being civil in nature, the respondents have proceeded to include the name of the petitioner in rowdy sheeter list/register, which is contrary to law warranting interference by this Court in the present petitioner, especially when the name of the petitioner has continued in the said rowdy sheeter list/register for more than ten years as on today.
6. Under these circumstances, I am of the view, that including the name of the petitioner in the rowdy sheeter list/register deserves to be quashed.
7. In the result, I pass the following Order: -6-
NC: 2024:KHC:30077 WP No. 17655 of 2024 ORDER I. The petition is hereby allowed. II. The inclusion of the petitioner as a rowdy sheeter list/register by the respondents is hereby set aside.
III. The concerned respondents are directed to delete/remove the name of the petitioner from the rowdy sheeter list/register immediately upon the receipt of copy of this order.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE AMA List No.: 1 Sl No.: 67