Karnataka High Court
Dandappagouda Konnur vs The State Of Karnataka And Ors on 18 November, 2023
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2023:KHC-K:8671
WP No. 202998 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 18TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 202998 OF 2023 (GM-POLICE)
BETWEEN:
SRI DANDAPPAGOUDA KONNUR
S/O BASANNA KONNUR,
AGED ABOUT 42 YEARS,
WORKING AT MERCHANT NEVY,
R/O SINDHAGI,
NOW R/AT PLOT NO.96,
SUKUN COLONY,
NEAR SPOORTHI RESORTS,
VIJAYAPURA-586 103.
...PETITIONER
(BY SRI. BASAVARAJ R. MATH, ADVOCATE)
Digitally signed
by SACHIN AND:
Location: HIGH
COURT OF
KARNATAKA 1. THE STATE OF KARNATAKA,
REP. BY ITS SECRETARY,
DEPARTMENT OF HOME,
VIDHANA SOUDHA,
BENGALURU-560 001.
2. THE SUPERINTENDENT OF POLICE,
VIJAYAPURA-586 101.
3. THE SUB-INSPECTOR OF POLICE,
SINDHAGI,
VIJAYAPURA DISTRICT-586 101.
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NC: 2023:KHC-K:8671
WP No. 202998 of 2023
4. THE REGIONAL
PASSPORT AUTHORITY,
KORAMANGALA,
BENGALURU-560 038.
REPRESENTED BY ITS
COMMISSIONER.
...RESPONDENTS
(BY SRI.VEERANAGOUDA MALIPATIL, HCGP FOR R1 TO R3;
SRI. SUDHIRSINGH R. VIJAPUR, DSGI FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE
RESPONDENTS 2 AND 3 TO CONSIDER THE REPRESENTATION
DATED 24.08.2023 AND DIRECT THEM TO REMOVE THE NAME
OF THE PETITIONER FROM THE POLICE RECORDS AS CRIMINAL
CASES ARE PENDING AGAINST THE PETITIONER IN CRIME
NO.211/2005 OF SINDHAGI POLICE STATION FOR THE
OFFENCES PUNISHABLE UNDER SECTION 143, 147, 323, 324,
504 R/W 149 OF IPC AND THE SAME WAS COMPROMISE
BETWEEN THE PARTIES ON 21.01.2006 VIDE ANNEXURE-C.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
Heard learned counsel for petitioner and learned High Court Government Pleader for respondent nos.1 to 3/State.
2. This petition is filed by petitioner seeking a writ of mandamus for a direction to respondent nos.2 and 3 to consider the representation dated 24.08.2023 for removal of his name in the police records as in view of the criminal -3- NC: 2023:KHC-K:8671 WP No. 202998 of 2023 case so registered having ended in a compromise between the parties. Petitioner is working in Merchant Navy under the Government of India without any allegation whatsoever against him and any black mark in his carrier. Due to his job requirement, he would have to visit several countries and has to obtain a visas' time and again to visit such countries, for which he would have to apply for visas' to visit those countries and whenever such visas' are applied the respondents initiate a police verification for issuance of 'no objection/clearance certificate'. In the said police verification certificate issued by respondent nos.2 and 3 vide Annexure-B it is categorically shown that Crime No.211/2005 under Sections 143, 147, 323, 324, 504 read with Section 149 of Indian Penal Code in which the petitioner was involved has ended in a compromise on 21.01.2006 in the court of JMFC, Sindagi and that there is no other case pending against him.
3. A short point involved in this case is that the petitioner is working in Merchant Navy and having been -4- NC: 2023:KHC-K:8671 WP No. 202998 of 2023 implicated in a criminal case which is ended in a compromise as depicted in Annexure-B by the police verification certificate which is not in dispute and same forthcoming in Annexure-A - record of the court and that there is no case pending against the petitioner. Despite which every time the petitioner applies for visas' he would have undergo to the same process of police verification which shows the case having compromised is not necessary in view of the fact that the case has come to an end. Hence, he made a representation vide Annexure-C dated 24.08.2023 to remove the name of petitioner from the police records in view of the Crime No.211/2005 having ended in a compromise.
4. Learned High Court Government Pleader submits that the representation shall be considered in accordance with law, if reasonable time is granted the same will be addressed and suitable orders would be passed.
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5. In a case like this where the petitioner is implicated in a criminal case and same having been ended in a compromise which is recorded by the Court and having been produced before the police authorities - respondent nos.2 and 3 and there is enough proof and sufficient material with regard to the case having been compromised and no other criminal case is pending as against the petitioner which is also endorsed by respondent no.2 in Annexure-B, it is incumbent duty upon the respondent no.2 to clear the name of the petitioner by showing that 'no case is pending' which is already exhibited. Under such circumstances, a proper endorsement to that effect would have to be issued and proper rectification would have to be made in the records so that the petitioner would not have to undergo similar ordeal of entry in police verification certificate.
6. The police authorities- respondent no.2 unless otherwise the petitioner is implicated in any cases pending against him, to make it convenient for the petitioner for -6- NC: 2023:KHC-K:8671 WP No. 202998 of 2023 the purpose of securing visas' and other requirements. Hence, I pass the following :
ORDER
(i) The writ petition is allowed.
(ii) A writ of mandamus is issued directing respondent no.2 to consider the representation dated 24.08.2023 and pass suitable orders in accordance with law within a period of four weeks from the date of receipt of certified copy of this order.
Sd/-
JUDGE SN List No.: 1 Sl No.: 25