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2024 Supreme(Online)(KAR) 1258
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2024 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 16357 OF 2024 (GM-POLICE)
BETWEEN:
NARAYANAPPA S.K, S/O K. LINGANNA, AGED ABOUT 49 YEARS, NO.60, MARUTHI COMPLEX, 6TH CROSS, 2ND FLOOR, MAHALAKSHMIPURAM POST, KUBARAHALLI, BANGALORE - 560 088.
…PETITIONER (BY SRI. RAJU C.N, ADVOCATE)
AND:
1. STATE BY KARNATAKA, REPRESENTED BY ITS SECRETARY, Digitally signed by DEPARTMENT OF HOME, YAMUNA K L VIDHANASOUDHA, Location: High BANGALORE - 560 009.
Court of Karnataka
2. THE COMMISSIONER OF POLICE, INFINITARY ROAD, BANGALORE - 560 009.
3. DCP CENTERAL DIVISION, BANGALORE CITY, BANGALORE - 560 009.
4. STATION HOUSE OFFICER, HALASURGATE POLICE, BANGALORE - 562 135.
…RESPONDENTS (BY SRI. S.T. NAIK, AGA)
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION PRAYING TO DIRECT THE R-3 TO DELETE THE NAME OF THE PETITIONER IN THE ROWDY REGISTRAR AND QUASH THE VIDE ANNX-A NO.E1/PS/JRC/108/2024 DATED 10.05.2024 ISSUED BY R-4 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard learned Counsel for the petitioner and learned AGA for the respondents and perused the material on record.
2. On 05.07.2024, this Court passed the following interim order:
"Learned Counsel for the petitioner would placed reliance upon the judgments of this Court in the case of SRI. B.S.PRAKASH Vs. STATE OF KARNATAKA AND OTHERS in WP.No.4504/2021 and other connected matters dated 22.04.2022, which has been followed in subsequent orders of this Court including the judgments in the case of SRI. PRAKASH Vs. STATE OF KARNATAKA AND OTHERS in WP.No.16604/2015 dated 27.07.2022 and SHIVAMURTHY.M. Vs. STATE BY KARNATAKA AND OTHERS in WP.No.26457/2023 dated 16.02.2024 and submits that in the light of the acquittal of the petitioner in C.C.No.24835/2017 dated 28.08.2019, the impugned endorsement at Annexure- A dated 10.05.2024 deserves to be quashed and the name of the petitioner be deleted from the rowdy list.
Learned AGA seeks time to obtain necessary instructions. Re-list on 09.07.2024."
3. Learned AGA on instructions submits that there are no criminal cases pending as against the petitioner as on today. It is also submitted by learned AGA only that CC.No.24835/2017 arising out of Crime No.2034/2014 against the petitioner, which is refered to in the impugned Endorsement at Annexure-A dated 10.05.2024 has ended in an acquittal.
4. The aforesaid facts and circumstances clearly establish that in the light of the judgment refered to in the aforesaid interim order passed by this Court and the undisputed fact that the petitioner has been acquitted in CC.No.24835/2017 dated 28.08.2019, the only reason assigned by the respondent for issuing the impugned Endorsement at Annexure-A dated
10.05.2024, is clearly erroneous and the same deserves to be quashed.
5. In the result, I pass the following:
ORDER
i) The petition is hereby allowed.
ii) The impugned order at Annexure-A, dated
10.05.2024 is hereby set aside.
iii) Name of the petitioner is directed to be deleted from the rowdy sheeter list/rowdy register within a period of three weeks from the date of the receipt of a copy of this order.
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