SHIVARAMSINGH S/O BALKRISHNSINGH TIWARI vs THE STATE OF KARNATAKA AND ORS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Online)(Kar) 34055

1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 14^TH DAY OF FEBRUARY, 2022
BEFORE
THE HON’BLE MR.JUSTICE E.S.INDIRESH
WRIT PETITION No.200690 /2021 (GM-POLICE)
BETWEEN:
SHIVARAMSINGH
S/O BALKISHANSINGH TIWARI
AGE: 54 YEARS
OCC: AGRICULTURE
R/O SHAHABAZAR
KALABURAGI-585 102
... PETITIONER
(BY SMT.SHARADA PATIL KULGERI, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA

REP. BY ITS SECRETARY TO
GOVT. HOME DEPARTMENT
VIDHANA SOUDHA
DR. AMBEDKAR VEEDHI
BANGALORE-560 001
2.
THE COMMISSIONER OF POLICE
KALABURAGI CITY
KALABURAGI-585 104
3.
THE SUPERINTENDENT OF POLICE

KALABURAGI DISTRICT
KALABURAGI-585 104

2
4.
THE DEPUTY SUPERINTENDENT OF POLICE

RURAL SUB-DIVISION
KALABURAGI-585 106
5.
THE POLICE-SUB INSPECTOR

GRAMIN POLICE STATION
KALABURAGI GRAMIN-585 107
... RESPONDENTS
(BY SRI SHIVAKUMAR R. TENGLI, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
A WRIT OF CERTIORARI QUASHING THE ORDER VIDE NO. 100/
ROWDY SHEET / GRSD / 2013 / 827, DATED 08.04.2016
PASSED BY THE RESPONDENT NO.5 INCLUDING THE NAME OF
THE PETITIONER IN ‘B’ ROWDY SHEET VIDE ANNEXURE-H;
ISSUE A WRIT OF MANDAMUS OR OTHER APPROPRIATE WRIT,
ORDER, DIRECTION DIRECTING THE RESPONDENT NO.5 TO
DELETE THE NAME OF THE PETITIONER FROM THE ROWDY
REGISTER MAINTAINED BY THEM.

THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-

Heard the learned counsel appearing for the parties.

The petitioner herein has challenged the order

No.100/Rowdysheet dated 08.04.2016 passed by the

respondent No.5, produced at Annexure-H.

Perusal of the writ papers would indicate that

the respondent authorities have issued Order No.1059 of

Karnataka Police Manual, 1998 against the petitioner and

being

aggrieved

the

same,

the

petitioner

has

approached this Court.

Smt. Sharda Patil Kulgeri, learned counsel for

the petitioner submitted that there were two criminal cases

pending against the petitioner in C.C.No.400/2016 on the

file of the V Additional Civil Judge and JMFC, Kalaburagi,

and the petitioner has been acquitted and therefore, the

continuance of rowdy sheet against the petitioner is to be

quashed.

Per contra, learned Additional Government

Advocate submitted that quashing of the rowdy sheet

would lead to harm the law and order in the society.

Considering the submission made by the

learned counsel appearing for the parties and perusal of

the writ petition would indicate that the respondent police

authorities have passed an order No.1059 of Police

Manual, against the petitioner. It is evident from the writ

petition that the petitioner has been acquitted by the trial

Court in C.C.No.400/2016 by order dated 18.09.2019.

Further, it is indicated that there are certain land disputes

and therefore, the respondent-authorities have issued an

order No.1059 of Karnataka Police Manual.

In that view of the matter, writ petition is

disposed of. Liberty is reserved to the petitioner to make

representation to the respondent No.2 with all the relevant

documents to reconsider the order passed by the

respondent-authorities under order No.1059 of Karnataka

Police Manual. If such a representation is made within

three weeks from today, the same shall be considered by

the respondent-authorities within two months thereafter

and convey the outcome of the same to the petitioner.

Sd/-

JUDGE

VNR

Click Here to Read the rest of this document