Karnataka High Court
Sri Suresh vs The State Of Karnataka And Ors on 17 December, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
-1-
NC: 2024:KHC-K:9737
WP No. 203173 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 17TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
WRIT PETITION NO.203173 OF 2024 (GM-RES)
BETWEEN:
SRI. SURESH S/O LALSINGH CHAVAN,
AGED ABOUT 44 YEARS, OCC: TEACHER,
R/O MAHAL INAPUR LT,
TQ. AND DIST. VIJAYAPURA.
...PETITIONER
(BY SRI. S. S. MAMADAPUR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HOME,
Digitally signed VIDHANA SOUDHA, BENGALURU-01.
by SWETA
KULKARNI
2. THE SUPERINTENDENT OF POLICE,
Location: High
Court Of DIST. VIJAYAPURA-586201.
Karnataka
3. THE DEPUTY SUPERINTENDENT OF POLICE,
VIJAYAPURA-586101.
4. THE POLICE SUB-INSPECTOR,
RURAL POLICE STATION, VIJAYAPURA.
...RESPONDENTS
(BY SRI. SIDDALING P. PATIL, ADDL. SPP FOR R-1 TO R-4)
-2-
NC: 2024:KHC-K:9737
WP No. 203173 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
A WRIT OF CERTIORARI OR ORDER OR ANY OTHER DIRECTION
IN THE NATURE OF A WRIT QUASHING THE ORDER INCLUDING
THE NAME OF THE PETITIONER IN THE LIST ROWDY
SHEETERS, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN "B" GROUP THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioner is aggrieved by the inclusion of his name in the list of rowdy sheeters.
2. Though there is no document placed on record to show that the name of the petitioner was entered in the register of rowdy sheeters, learned counsel for petitioner drawing the attention of the Court to the order dated 03.02.2024 passed by the Tahsildar, Vijayapur, vide Annexure-C in proceedings initiated under Section 107 of Cr.P.C, would contend that in the said order it is mentioned that petitioner is a rowdy sheeter in Rural Police Station, Vijayapur.
-3-
NC: 2024:KHC-K:9737 WP No. 203173 of 2024
3. The contention of the learned counsel for petitioner is that, without following the due procedure, and behind the back of the petitioner, his name has been entered in the register of rowdies. To buttress his arguments, he has drawn the attention of the Court to the guidelines issued to open rowdy/history sheet against a person, in a decision of this Court in Sri B.S. Prakash vs. The State of Karnataka & Ors.1
4. The learned High Court Government Pleader has contended that the petitioner is involved in Crime No.117/2020 registered at Vijayapur Rural Police Station, Vijayapur for offences punishable under Sections 188, 353, 333, 504 of IPC and the Tahasildar, Vijayapur has also initiated proceedings under Section 107 Cr.P.C. against him and directed him to execute a bond to maintain peace. He contended that in the aforementioned crime, petitioner has not only obstructed the police from 1 2022 (4) KCCR 3648 -4- NC: 2024:KHC-K:9737 WP No. 203173 of 2024 discharging their duties, but also caused injuries to them and therefore, a rowdy sheet was opened against him.
5. Crime No.117/2020 of Vijayapur Rural Police Station was registered on 12.05.2020 against the petitioner alleging that during the time of Covid pandemic when there was a need to quarantine people, the petitioner who was working as a Teacher in one Babaleshwar Shantveer High School, refused to hand over the key of a community hall and obstructed the police from discharging their duties and also abused them and bit the ear of one of the police and caused injuries to him.
6. Apart from the above case registered against the petitioner, there are no other criminal cases registered against him. He has no criminal antecedents. It appears that during the time of election, in view of the above case registered against the petitioner, the Tahasildar, Vijayapur under Section 107 Cr.P.C. passed an order on 03.02.2024 directing the petitioner to execute a bond to maintain public peace.
-5-
NC: 2024:KHC-K:9737 WP No. 203173 of 2024
7. In the above decision noted supra, certain guidelines are enumerated for opening a rowdy sheet against a person. One of the condition is to send a brief proposal notice to the individual concerned with an option to submit his representation before entering his name in the register of rowdies. In the present case, the said procedure has not been followed. Even otherwise, this Court is of the considered view that there is no such material which warrants inclusion of name of the petitioner in the register of rowdies.
8. It is also contended by the learned counsel for petitioner that as per the guidelines issued in the above referred case, the jurisdictional police shall compulsorily undertake a periodic review of entries in the register of rowdies once in two years as provided under clause-2 of Order 1057 of the manual, which is also not done in the present case.
9. For the foregoing reasons, the petition is allowed. The Superintendent of Police, Vijayapur is -6- NC: 2024:KHC-K:9737 WP No. 203173 of 2024 directed to delete the name of the petitioner from the register of rowdies forthwith and intimate the same to the petitioner, within a period of 30 days from today.
Learned Addl. State Public Prosecutor shall communicate this order to the concerned.
Sd/-
(MOHAMMAD NAWAZ) JUDGE AMM,SWK List No.: 1 Sl No.: 33 CT:SI