Karnataka High Court
Ravi Swamy vs The Secretary And Ors on 7 November, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC-K:8177
WP No. 200925 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 7TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 200925 OF 2024 (GM-POLICE)
BETWEEN:
SRI. RAVI SWAMY S/O KALLAYYA SWAMY
AGED ABOUT 48 YEARS
R/O VENKATESHWAR COLONY
BEHIND BUS STAND
BIDAR - 585 401.
...PETITIONER
(BY SRI. ADITYA NARAYAN & SRI. RAVI B PATIL, ADVOCATES)
AND:
1. THE SECRETARY,
Digitally signed MINISTRY OF HOME AFFAIRS,
by SUMITRA
SHERIGAR GOVERNMENT OF KARNATAKA,
Location: HIGH VIKAS SOUDHA,
COURT OF BENGALURU -01.
KARNATAKA
2. THE SUPERINTENDENT OF POLICE,
BIDAR S P OFFICE,
BIDAR - 585 401.
3. THE DEPUTY COMMISSIONER BIDAR,
D C OFFICE,
BIDAR - 585 401.
4. THE POLICE SUB INSPECTOR,
NEW TOWN POLICE STATION
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NC: 2024:KHC-K:8177
WP No. 200925 of 2024
BIDAR - 585 401.
...RESPONDENTS
(SMT. MAYA T.R., HCGP FOR RESONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL
FOR THE RECORDS FROM THE 2ND RESPONDENT AUTHORITY
INCLUDING THE NAME OF THE PETITIONER AS A ROWDY
SHEETER UNDER THE PURVIEW OF ORDER NO.1059 OF
KARNATAKA POLICE ACT 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
(PER: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR) In this petition, petitioner seeks the following reliefs:
"(a) Call for records from the 2nd respondent authority including the name of the petitioners as a rowdy sheeter under the purview of order No.1059 of Karnataka Police Act;
(b) Issue a writ of certiorari to quash the endorsement issued by the 2nd respondent dated 26.03.2024 bearing No.01/DCRB/Application/B2024 as at Annexure-L and consequentially to quash the invoking of -3- NC: 2024:KHC-K:8177 WP No. 200925 of 2024 rowdy sheeter under Order No.1059 of Karnataka Police Act, as against the petitioner;
b) Issue writ of mandamus directing the respondents Nos.2 and 4 to issue necessary NOC for renewal of passport bearing No.V3235381 due for its renewal from 14.10.2021 and Gun License bearing No.01/2020-21 pending for renewal on the file of 3respondent authority as at Annexure-M and N, within such stipulated time as this Hon'ble Court deems fit, in the circumstances of the case."
2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.
3. A perusal of the material on record will indicate that the following criminal cases have been either ended in acquittal or have been quashed by this Court;
(i) Crime No.80/2011 of Gandhi Gunj P.S.,
(ii) Crime No.246/2012 of New Town P.S.,
(iii) Crime No.131/2012 of Market P.S.,
(iv) Crime No.177/2012 of Gandhi Gunj P.S.,
(v) Crime No.134/2012 of Market P.S.,
(vi) Crime No.176/2013 of Gandhi Gunj P.S., Consequent to the above criminal cases which have been acquitted or quashed by this Court, the petitioner vide -4- NC: 2024:KHC-K:8177 WP No. 200925 of 2024 representation dated 18.10.2023 to remove his name from the rowdy sheeters' list has not complied with by the respondents and as such, the petitioner is before this Court by way of the present writ petition, inter alia, contending that the very inclusion of the name of the petitioner in the rowdy sheeters' list is contrary to the Judgment of this Court in the case of B.S.Prakash Vs. State of Karnataka and others, reported in 2022 (2) KAR L.R. 45 and the in the light of the acquittal of the petitioner in the aforesaid criminal proceedings, the name of the petitioner is to be excluded, deleted and removed from the rowdy sheeters' list, by issuing necessary directions.
4. Per contra, learned counsel for the respondents submits that there is no merit in the petition and the same deserves to be dismissed.
5. A perusal of the material on record will indicate that it is an undisputed fact that before inclusion of the name of the petitioner in the rowdy sheeters' list, the procedure prescribed by this Court in B.S. Prakash's case (supra), was not followed by the respondents. It is seen that, no criminal -5- NC: 2024:KHC-K:8177 WP No. 200925 of 2024 cases are pending as against petitioner as on today. There is no impediment for the name of the petitioner to be excluded, deleted and removed from the rowdy sheeters' list and the respondents did not take any steps in this regard, despite representation submitted by the petitioner, I deem it just and appropriate to dispose of this petition by issuing directions for deletion of the name of the petitioner from the rowdy sheeters' list.
6. In the result, I pass the following:
ORDER
i) Petition is hereby allowed and disposed of in terms of the judgment of this Court in B.S. Prakash Vs. State of Karnataka and others - 2022 (2) KAR L.R. 457.
ii) A impugned endorsement at Annexure-
L dated 26.03.2024 passed by the respondent No.2, is hereby quashed.
iii) Liberty is reserved in favour of the concerned respondents to proceed further, by -6- NC: 2024:KHC-K:8177 WP No. 200925 of 2024 following the guidelines in the case of B.S. Prakash Vs. State of Karnataka and others - 2022 (2) KAR L.R. 45.
(iv) The concerned respondents are directed to remove, exclude and delete the name of the petitioner from the rowdy sheeters' list, within a period of four weeks from the date of receipt of the copy of this order.
(v) The concerned respondents are also directed to consider the request of the petitioner for renewal of passport as well as the renewal of gun license within a period of four weeks from the date of receipt of copy of this order.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE SVH List No.: 1 Sl No.: 67