2023 Supreme(Online)(KAR) 12826
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WP No. 105991 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 28TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.105991 OF 2022 (GM-POLICE)
BETWEEN:
JAINULLABIDDIN G KADOLI,
AGE: 36 YEARS, OCCUPATION. BUSINESS,
R/O. #373, 3RD CROSS, LEFT SIDE,
BEHIND MASJID E KAIF,
ASADKHAN SOCIETY,
BELAGAVI 590016.
…PETITIONER
(BY SRI ANWARALI DILAWAR NADAF, ADV.)
AND:
1.
THE STATE OF KARNATAKA
BY ITS SECRETARY HOME DEPT.,
VIDHAN SOUDHA,
BENGALURU 560001.
2.
COMMISSIONER OF POLICE
POLICE COMMISSIONER OFFICE ROAD,
POLICE HEAD QUARTERS,
BELAGAVI-590001.
3.
THE DEPUTY COMMISSIONER OF POLICE
LAW AND ORDER, BELAGAVI,
POLICE COMMISSIONER OFFICE ROAD,
POLICE HEAD QUARTERS,
BELAGAVI 590001.
4.
MARKET POLICE STATION
OPPOSITE NIYAZ HOTEL,
BUS STAND ROAD,
BELAGVI 590001
…RESPONDENTS
(BY SRI PRASHANT V. MOGALI, HCGP)
Digitally signed
by MANJANNA
E
Location: High
Court of
Karnataka,
Dharwad
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WP No. 105991 of 2022
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING THIS COURT TO
REMOVE THE ROWDY SHEETER AND MODUS OPERANDI BUREAU
OPENED IN THE NAME OF THE PETITIONER BY THE RESPONDENTS
ANNEXURE A AND B AND SUCH OTHER RELIEFS.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
The captioned writ petition is filed by the petitioner
seeking the following reliefs;
a. To remove the rowdy sheeter and modus Operandi
Bureau opened in the name of petitioner by the
respondents. Annexures-A & B.
b. To compensate for violation of fundamental right of
a person for inserting the name inf Rowdy Sheeter
and Modus Operandi Bureau by not adhering to the
mandated provision.
Amongst the other grounds at the time of hearing
and grounds relied in the averment may be
considered as the part of this petition.
Grant such other relief as this Hon’ble Court deems
fit and necessary, in the interest of justice.
The controversy relating to rowdy sheeting and
history sheeting is put to rest by a judgment rendered by
the Coordinate Bench of this Court in the case of Sri
B.S.Prakash Vs. State of Karnataka & others reported
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in 2022 (4) KCCR 3648. The coordinate Bench in the
aforesaid reported judgment while supplementing the
existing position of law relating to rowdy sheeting and
history sheeting has laid down the guidelines. Therefore,
the concerned authority has to take action in terms of
prescribed guidelines laid down by Coordinate Bench of
this Court in the case of Sri B.S.Prakash (supra).
Accordingly, the writ petition stands disposed
off.
Mandamus is issued to the respondents to
consider the representations at Annexure-A and B and to
take action in terms of guidelines laid down by the
Co-ordinate Bench of this Court in the case of Sri
B.S.Prakash (supra) within a period of three months
from the date of receipt of certified copy of this order.
Sd/-
JUDGE
EM
List No.: 1 Sl No.: 12