Karnataka High Court
Sri. Mahanthesh J vs State Of Karnataka on 31 July, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:30363
WP No. 6421 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 6421 OF 2023 (GM-POLICE)
BETWEEN:
SRI. MAHANTHESH J
S/O LATE JAYAPPA
AGED ABOUT 30 YEARS
R/AT 3RD CROSS, A.K.COLONY,
HARIHARA TOWN,
DAVANAGERE DISTRICT.
...PETITIONER
(BY SRI. MARUTHI G.B., ADVOCATE)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF HOME AFFAIRS
M.S. BUILDING,
DR. AMBEDKAR VEEDI
BENGALURU - 560 001.
Digitally signed by B
K 2. THE SUPERINTENDENT OF POLICE
MAHENDRAKUMAR
Location: HIGH
DAVANAGERE DISTRICT
COURT OF
KARNATAKA DAVANAGERE-577 001.
3. THE CIRCLE INSPECTOR OF POLICE
HARIHARA CIRCLE
HARIHARA TOWN,
DAVANAGERE DISTRICT-577 601.
4. POLICE SUB INSPECTOR
HARIHARA TOWN,
DAVANAGERE DISTRICT-577 601.
...RESPONDENTS
(BY SRI. SHAMANTH NAIK, HCGP)
-2-
NC: 2024:KHC:30363
WP No. 6421 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER DATED 08/11/2022 BEARING NO.
1/ROW.MUM/DCRB/DVG/2022 MADE BY THE R-2 MARKED AT
ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioner challenges the order passed by the respondent No.2, by which, the name of the petitioner was continued in the rowdy sheeter as per Order 1059 of Karnataka State Police Manual Part-2.
2. The petitioner faced trial for offences punishable under Sections 506, 341, 504, 355, 323, and 353 read with Section 34 of the Indian Penal Code (IPC) in CC No.68/2016, as well as for offences punishable under Sections 143, 114, 504, and 353 read with Section 34 of IPC in CC No.1310/2017. Consequently, the petitioner's name was registered in the rowdy sheeter in accordance with Order 1059 of the Karnataka State Police Manual Part-2.
3. The petitioner asserts that, despite being acquitted of the aforementioned offences, Respondent No.2 issued an impugned order to continue listing the petitioner's name in the rowdy sheeter.
4. Arguments from both parties' learned counsels were heard.
5. The petitioner approached this Court in WP No.14737/2019. This Court, via order dated 11.9.2019, directed Respondent No.2 to -3- NC: 2024:KHC:30363 WP No. 6421 of 2023 consider the representation submitted by the petitioner for the removal of his name from the rowdy sheeter. Following the Court's order, Respondent No.2, based on the representations submitted by the Police Inspector and the Sub-Inspector, passed the impugned order stating that the petitioner habitually disturbs public peace and tranquility during elections.
6. The charges against the petitioner have been quashed by this Court. In the absence of substantial evidence proving that the petitioner is in the habit of disturbing public peace and tranquility during elections, the impugned order passed by Respondent No.2 is unsustainable in law. Accordingly, I pass the following:
ORDER
i) The petition is allowed;
ii) The impugned order dated 8.11.2022 passed by the respondent No.2 vide Annexure-A is hereby quashed.
iii) The respondents No.2 to 4 are hereby directed to delete the name of the petitioner from the rowdy sheeter.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE Bkm