Sri. Balakrishna G vs The State Of Karnataka on 23 July, 2018

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Karnataka High Court

Sri. Balakrishna G vs The State Of Karnataka on 23 July, 2018

Bench: Aravind Kumar

                          1




 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 23RD DAY OF JULY 2018

                       BEFORE

       THE HON'BLE Mr. JUSTICE ARAVIND KUMAR

 WRIT PETITION Nos.30611-30612/2018 (GM-POLICE)

BETWEEN:

1.     SRI. BALAKRISHNA G
       AGED ABOUT 38 YEARS,
       S/O GIRIYAPPA,
       R/AT NO.5, 1ST CROSS,
       2ND MAN, JAYANAGARA,
       MYSURU-570014.

2.     SRI. MAHADEVU S
       AGED ABOUT 40 YEARS,
       R/AT NO.2379, K.G.KOPAL MAIN ROAD,
       SARASWATHIPURAM,
       MYSURU-570009.               ...PETITIONERS

(BY SRI. P. NATARAJU, ADV.)

AND:

1.     THE STATE OF KARNATAKA
       REPRESENTED BY HOME DEPARTMENT,
       VIKASASOUDHA,
       BENGALURU-560001.

2.     THE COMMISSIONER OF POLICE
       NAZARABAD, MYSURU-570010.

3.     THE STATION HOUSE OFFICER
       KUVEMPUNAGAR POLICE STATION,
       MYSURU-570023.            ...RESPONDENTS

(BY SRI. VIJAY KUMAR A PATIL, AGA
FOR RESPONDENTS)
                             2




     THESE PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO
DIRECT R-2 TO CONSIDER THE REPRESENTATION
DATED   17.1.2018  VIDE   ANNEXURE-D    AND   E
RESPECTIVELY AND DIRECT R-3 TO REMOVE THE
NAMES OF THE PETIONERS FROM THE ROWDY
SHEETER LIST.

     THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE
FOLLOWING:-

                          ORDER

Though, matter is listed for preliminary hearing, by consent of learned Advocates, it is taken up for final disposal.

2. Heard Sri P.Nataraju, learned counsel appearing for the petitioners and Sri Vijay Kumar A.Patil, learned Addl. Govt. Advocate appearing for respondents 1 to 3.

3. It is the grievance of the petitioners that 3rd respondent-Police have registered a case in Crime No.207/2015 against the petitioners for the offence punishable under Sections 78(C), 79 and 80 of the Karnataka Police Act and as such, they have opened a Rowdy Sheeter List against the petitioners. However, 3 petitioners claim to have pleaded guilty in the said C.C.No.1371/2017 and fine of Rs.500/- having been paid by each of the petitioners on 28.10.2017, they are said to have submitted a representation to the 2nd respondent to delete their names from the Rowdy Sheeter List opened by 3rd respondent-Police. On account of non-consideration of their representation, petitioners are before this Court.

4. Learned Govt. Advocate would submit that the representations of the petitioners dated 17.08.2018- Annexures-D and E would be considered by 2nd respondent in accordance with law if some reasonable time is granted. His submission is placed on record.

Hence, the following:

ORDER Writ Petition is hereby allowed. Respondent No.2 is hereby directed to consider the representations dated 17.01.2018 submitted by petitioners which is at Annexures-D and E expeditiously at any rate within an outer limit of six weeks from the date of receipt of 4 certified copy of this order. The outcome of such consideration shall be intimated to petitioners.

Ordered accordingly.

SD/-

JUDGE bnv*

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