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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

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