Karnataka High Court
Sri. Shivakumar. K. M. vs State Of Karnataka on 26 October, 2018
Author: B.V.Nagarathna
Bench: B.V.Nagarathna
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF OCTOBER 2018
BEFORE
THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA
WRIT PETITION NO.15636/2018 (GM-POLICE)
Between:
Sri. Shivakumar K.M,
S/o Munivenkatappa,
Aged about 31 years,
Residing at Kallikuppa Village,
T. Gollahalli Post,
Bethamangala Hobli,
Bangarpet Taluk,
Kolar District,
PIN-563 101. ...Petitioner
(By Sri.K.S.Naresh Santhosh, Advocate)
And:
1. State of Karnataka,
Represented by its
Secretary,
Home Department,
Vidhana Soudha,
Bengaluru - 560 001.
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2. The Superintendent of Police,
K G F,
District Kolar - 563 101.
3. The Circle Inspector of Police,
Bangarpet Circle, Bangarpet,
Kolar District - 563 101.
4. The Station House Officer,
Bethamangala Police Station,
Bethamangala,
Bangarpet Taluk,
Kolar District - 563 101. ...Respondents
(By Sri.Vijaykumar A Patil, Additional Government
Advocate)
This writ petition is filed under Articles 226 and
227 of the Constitution of India praying to direct the
respondents to delete the name of the petitioner from
rowdy sheeter register by considering the
representations dated 12.02.2018 addressed to the
Director General & Inspector General, Bengaluru which
is forwarded to Superintendent of Police, KGF by the
letter dated 22.02.2018 copies of which are produced
at Annexures-E & G respectively and so also the
representation dated 18.02.2018 addressed to the
Home Minister of the State, a copy of which is produced
at Annexure-F etc.,
This writ petition coming on for preliminary
hearing this day, the Court made the following:
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ORDER
Though this writ petition is listed for preliminary hearing, with the consent of learned counsel appearing on both sides, it is heard finally.
2. Petitioner has sought a direction to the respondents to delete his name from the rowdy sheeter register by considering his representation dated 12.02.2018 addressed to the Director General & Inspector General of Police, Bengaluru, which is forwarded to the Superintendent of Police, K.G.F by communication dated 22.02.2018, which are produced at Annexures-E & G respectively. Petitioner has also sought for consideration of his representation dated 18.02.2018 addressed to the Home Minister vide Annexure-F.
3. It is the case of the petitioner that he is a Class-III Contractor and he is carrying on his business 4 by complying all requirements in law; that the Government of Karnataka has issued Contractor's Pass Book and the license to engage him in the business of Civil Contract, which is valid from 21.06.2016 to 20.06.2021.
4. Petitioner has averred that he is not involved in any criminal activity but a false criminal case has been registered against him in C.C.No.386/2011 by Bethamangala Police on the premise that while working as Computer Operator in Nemmadhi Kendra, Bethamangala, he had collected Rs.1,60,590/- for issuance of RTC extracts, Caste Certificates, Pension documents etc., but he deposited only Rs.11,327/- and had misappropriated the rest of the amount. According to the petitioner, he has been acquitted in the said case and that there is no other criminal case registered against him. Such being the case, the Bethamangala Police have entered his name 5 in the rowdy sheeter register despite petitioner being acquitted in the only criminal case, which was registered against him. Petitoner has contended that entry of his name in the rowdy sheeter register without there being any reason to do so has serious consequences for him and therefore, he has made representations to various authorities as per Annexures-E, G and F respectively.
5. The grievance of the petitioner is that his representations have not yet been considered. Therefore, he has sought a direction in that regard.
6. I have heard learned counsel for the petitioner and learned Additional Government Advocate for respondent Nos.1 to 4 and perused the material on record.
7. Learned counsel for the petitioner submitted that a direction may be issued to the respondents to 6 delete his name in the rowdy sheeter register. Learned Additional Government Advocate appearing for the respondent submitted that this Court may not issue such a categorical positive direction to the respondents and at best, representations made by the petitioner could be considered in accordance with law.
8. Since the petitioner has already made representations to the Director General and Inspector General of Police and to the Hon'ble Home Minister, pursuant to which there has been communication issued as per Annexure-G to the Superintendent of Police, K.G.F., petitioner is at liberty to make one more representation to the second respondent- Superintendent of Police, K.G.F pursuant to the communication dated 22.02.2018.
9. Second respondent is directed to consider the communication dated 22.02.2018 at Annexure-G as 7 well as any further representation to be made by the petitioner herein expeditiously in accordance with law and to pass a speaking order thereon.
With the aforesaid observations and directions, the writ petition is disposed off.
Sd/-
JUDGE PYR