Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Karnataka Police Manual 1720 deals with the procedure for drawing up the name of a criminal under the Modus Operandi Bureau (MOB) system. Specifically, it emphasizes that the MOB is a system to update and make available the identities of active criminals, whether local or non-local, convicted or acquitted, for reference purposes ["INDHHC_KAHC010137012014"].
The Manual also prescribes that the entry of a person's name in the MOB card or history sheet is based on specific criteria, including criminal antecedents, and that such entries influence employment eligibility, e.g., in police or government appointments ["INDHHC_KAHC010137012014"].
Several cases highlight that entries in the MOB or Register of Rowdies must adhere strictly to procedural guidelines, including periodic reviews (once every two years), objective record examination, and approval by senior officers like the Superintendent of Police or Sub-Divisional Officer. These procedures are mandated to prevent arbitrary or wrongful entries ["GUNGADI SHARANAPPA TOTHAPPA vs THE STATE OF KARNATAKA - Karnataka"], ["AMAREGOUDA S/OB ASANAGOUDA MULIMANI ALIAS PATIL vs STATE OF KARNATAKA - Karnataka"].
The quashing of MOB entries or related disciplinary actions has occurred when authorities failed to follow prescribed procedures or when entries were made without proper verification, indicating that such entries can be challenged if procedural safeguards are not observed ["MELWIN ARUN D CUNHA vs STATE OF KARNATAKA - Karnataka"], ["GUNGADI SHARANAPPA TOTHAPPA vs THE STATE OF KARNATAKA - Karnataka"].
Importantly, some judgments have quashed police actions or disciplinary proceedings based on violations of procedures outlined in the Police Manual, including instances where force used in mob control was excessive or not in accordance with the Manual, or where investigations and departmental inquiries were conducted improperly ["ABDUL HAFEEZ vs THE STATE OF KARNATAKA - Karnataka"], ["ABDUL HAFEEZ vs THE STATE OF KARNATAKA - Karnataka"], ["MOHAMMEDALI M JAMADAR vs THE STATE OF KARNATAKA - Karnataka"].
Specifically, cases have quashed disciplinary orders or criminal proceedings when police failed to follow the Manual's guidelines on dispersing mobs, using appropriate force, or conducting inquiries, emphasizing the importance of procedural compliance for legal validity ["ABDUL HAFEEZ vs THE STATE OF KARNATAKA - Karnataka"], ["ABDUL HAFEEZ vs THE STATE OF KARNATAKA - Karnataka"].
The courts have also emphasized that the misuse or wrongful entry of names in the MOB or Register of Rowdies, without proper verification, can lead to legal consequences, including quashing of orders or entries ["MELWIN ARUN D CUNHA vs STATE OF KARNATAKA - Karnataka"], ["AMAREGOUDA S/OB ASANAGOUDA MULIMANI ALIAS PATIL vs STATE OF KARNATAKA - Karnataka"].
Analysis and Conclusion:The Karnataka Police Manual 1720 and related provisions establish strict procedural safeguards for maintaining MOB and Register of Rowdies entries, including verification, periodic review, and approval processes. Violations of these procedures can lead to the quashing of entries, disciplinary actions, or criminal proceedings, as seen in multiple cases. The courts have repeatedly emphasized that any deviation from the prescribed procedures undermines the legality of police actions and can render entries or disciplinary measures null and void, ensuring accountability and procedural fairness in police operations ["MELWIN ARUN D CUNHA vs STATE OF KARNATAKA - Karnataka"], ["INDHHC_KAHC010137012014"], ["ABDUL HAFEEZ vs THE STATE OF KARNATAKA - Karnataka"].
In the realm of Indian criminal law, questions about police procedures often spark intense debate, especially when they involve protections for officers performing official duties. A common search query revolves around whether the Karnataka Police Manual 1720 MOB was quashed by a court. This phrase typically refers to provisions in the Karnataka Police Manual related to MOB (often shorthand for Manual of Booking or rowdy/history sheets) under Order 1720. However, no court has directly quashed this specific provision. Instead, a landmark Supreme Court decision addressed a closely related matter: the quashing of a private complaint (PCR No. 17214/2013) against a Karnataka Superintendent of Police due to the absence of mandatory sanction. This ruling highlights critical protections for police under Section 197 of the CrPC and Section 170 of the Karnataka Police Act, 1963. Let's break it down.
The Supreme Court quashed proceedings against a Karnataka police officer because the alleged acts—occurring during investigation and custody—were reasonably connected to official duties. The complaint alleged offenses under IPC Sections 120-B, 220, 323, 330, 348, and 506B read with 34, but lacked prior sanction. The High Court had erred by remitting the matter for discharge under Section 245 CrPC instead of quashing it outright. The apex court set aside this order, quashing the complaint to prevent abuse of process. D. DEVARAJA VS OWAIS SABEER HUSSAIN - 2020 4 Supreme 735
Key takeaway: Courts can invoke Section 482 CrPC at any stage to quash frivolous proceedings lacking sanction, especially when acts are linked to police functions. D. DEVARAJA VS OWAIS SABEER HUSSAIN - 2020 4 Supreme 735
Protection under Section 197 CrPC, read with Section 170 of the Karnataka Police Act, applies narrowly:- Acts in discharge of duty: Sanction is mandatory if the alleged act is done (or purportedly done) in discharge of official duty, under color of duty, or in excess of duty but reasonably connected to official functions. Pure private acts do not require it. D. DEVARAJA VS OWAIS SABEER HUSSAIN - 2020 4 Supreme 735- Excess of duty still protected: If in doing an official duty a policeman has acted in excess of duty, but there is a reasonable connection between act and performance of official duty, fact that act alleged is in excess of duty will not be ground enough to deprive policeman of protection of government sanction. D. DEVARAJA VS OWAIS SABEER HUSSAIN - 2020 4 Supreme 735
In the case, allegations of police excesses during custody/investigation were patently pertaining to an act under colour of duty. Thus, cognizance by the Magistrate without sanction was invalid. D. DEVARAJA VS OWAIS SABEER HUSSAIN - 2020 4 Supreme 735
Sanction necessity isn't confined to initial complaint allegations: It is not always necessary that need for sanction under Section 197 is to be considered as soon as complaint is lodged... facts subsequently coming to light... may establish necessity for sanction. This can be determined at any stage. D. DEVARAJA VS OWAIS SABEER HUSSAIN - 2020 4 Supreme 735
Section 482 CrPC allows High Courts (and Supreme Court) to quash proceedings that are ex facie bad for want of sanction, frivolous or in abuse of process. D. DEVARAJA VS OWAIS SABEER HUSSAIN - 2020 4 Supreme 735 Where acts have a reasonable relationship with official duty and proceedings seem prompted by mala fides and instituted with ulterior motive, quashing is warranted. D. DEVARAJA VS OWAIS SABEER HUSSAIN - 2020 4 Supreme 735
Here, the Magistrate took cognizance without sanction, and the High Court improperly remitted for discharge. The Supreme Court intervened decisively. D. DEVARAJA VS OWAIS SABEER HUSSAIN - 2020 4 Supreme 735
While no ruling directly quashes Order 1720 of the Karnataka Police Manual (related to MOB cards for tracking 'who is who'), several cases reference the Manual's provisions on rowdy sheets, summons, and mob handling:
MOB and Rowdy Registers: Courts have examined Order No. 1324 and 1059. For instance, while entering the name of the person in MOB card, the requirement as found in order No.1324 of the Karnataka Police Manual... MOB is a system to update and readily make available for reference of 'who is who'. SRI NAGARAJAIAH Vs BANGALORE WATER SUPPLY Order 1059 defines rowdies, but lacks procedures for summoning, leading to challenges on Article 21 grounds. In one case, oral summons to rowdy sheeters were deemed arbitrary without statutory backing, emphasizing balance between liberty and order. Sunil Kumar @ Silent Sunil, S/o. Krishnappa vs State Of Karnataka, Home Department, By Its Secretary - 2025 Supreme(Online)(Kar) 33841
Summoning Rowdies: No provision in the Karnataka Police Act or Manual prescribes summoning procedures. Courts have directed alternatives like SMS to respect personal liberty, especially post-acquittals. Sunil Kumar @ Silent Sunil, S/o. Krishnappa vs State Of Karnataka, Home Department, By Its Secretary - 2025 Supreme(Online)(Kar) 33841SRI RAJU S/O IRAPPA BADIGER vs THE STATE OF KARNATAKA - 2025 Supreme(Online)(Kar) 37998
Mob Dispersal Procedures: Clause 1180 details steps for mob dispersal and firing, complementing CrPC Sections 129/132. In riot cases, indiscriminate firing without Magistrate orders was held reckless, holding the State liable. Clause 1180 of the Karnataka Police Manual has set down in detail the steps that could be taken towards the dispersal of mobs and mob firing. State of Karnataka VS B. Padmanabha Beliya - 1991 Supreme(Mad) 186STATE OF KARNATAKA VS B. PADMANABHA BELIYA - 1991 Supreme(Kar) 148
These references underscore the Manual's role in operational guidelines but affirm courts' power to scrutinize deviations or lacks. No quashing of 1720 MOB appears; the Manual is cited for context, not invalidated. Ramesh Rangashamaiah VS State of Karnataka - 2013 0 Supreme(Kar) 280
Note: This is general information based on reported cases and should not be taken as specific legal advice. Consult a qualified lawyer for your situation.
This ruling reinforces safeguards for law enforcers while ensuring accountability, shaping how Karnataka police operations are litigated.
#KarnatakaPoliceManual, #PoliceSanction, #CrPC197
Drawing up of a name of a criminal under the Modus Operandi Bureau, is dealt with under clause 1720 of the Karnataka Police Manual. ... THE SUB INSPECTOR OF POLICE CHENNAGIRI POLICE STATION DAVANGERE DISTRICT - 577 213 5. THE SUB INSPECTOR OF POLICE KALASA POLICE STATION CHIKKAMAGALURU DISTRICT - 577 124 …RESPONDENTS (BY SRI. ... IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR ....
This Court while referring to the provisions contained in Order No.1324 of the Karnataka Police Manual, held that while entering the name of the person in MOB card, the requirement as found in order No.1324 of the Karnataka Police Manual, ... As found in the order No.1324 of Karnataka Police Manual, MOB is a system to update and readily make available for reference of “who is who” and o....
Police Manual . ... Therefore, provision is made in Order No.1059 of the Karnataka Police Manual which defines a rowdy as follows: “1059. ... The learned Additional Government Advocate has categorically stated in the statement of objections that there is no provision either in the Karnataka Police Act, 1963 or the Karnataka Police Manual which prescribes the procedure for summoning a person whose name ... If a name....
Whatever guidelines herein above laid down shall be applicable to the case of History Sheeters as well, mutatis mutandis and subject to the provisions of Karnataka Police Manual, 1965.” 2. ... Learned counsel for the petitioner further submits that in terms of Rule 1059 of the Karnataka Police Manual, 1965, a person’s name can be drawn in the list of rowdies in terms of the conditions stipulated therein. ... The jurisdictional Police shall compulsorily once in two yea....
Learned counsel for the petitioner further submits that in terms of Rule 1059 of the Karnataka Police Manual, 1965, a person’s name can be drawn in the list of rowdies in terms of the conditions stipulated therein. ... Whatever guidelines herein above laid down shall be applicable to the case of History Sheeters as well, mutatis mutandis and subject to the provisions of Karnataka Police Manual, 1965.” 2. ... THE BEVOOR POLICE STATION BEVOOR HARIHAR Location: Hig h TQ:....
Police in retaliation used water cannons to disperse the mob. They got dispersed initially but came back again to attack the police who then charged the mob with tear gas shells and at around 3.45 p.m., the mob got dispersed. ... Finding no other alternative police authorities upon direction of Special Executive Magistrate used non-lethal weapons on the mob and managed to disperse the mob at about 4.45 p.m. and the injured Police Pe....
Rule 359 of the Police Rules lays down the procedure to be followed in departmental enquiries. The authorities were required to conduct the enquiry strictly in accordance with Rule 359 of the J&K Police Manual which has not been done in the instant case. ... Order of dismissal, being unsustainable, was accordingly quashed.” 9. ... On 31.08.2016, when the unruly mob came to their guard post, they remained as mute spectators despite being fully equipped with weapons and did not bother to resist and failed....
HD 250 PEC 66 dated 2-3-1967 has issued a Manual called the Mysore Police Manual and now the Karnataka Police Manual. ... Clause 1180 of the Karnataka Police Manual has set down in detail the steps that could be taken towards the dispersal of mobs and mob firing. In our view, this is not in any way conflicting with Section 129 of the Cr.P.C. ... The same is issued by order and in the name of the Governor of #HL_STA....
HD 250 PEC 66 dated 2-3-1967 has issued a Manual called the Mysore Police Manual and now the Karnataka Police Manual. ... Clause 1180 of the Karnataka Police Manual has set down in detail the steps that could be taken towards the dispersal of mobs and mob firing. In our view, this is not in any way conflicting with Section l29 of the Cr. P. C. ... The same is issued by order and in the name of the Governor of #HL_S....
11.Direct to comply with rules and regulations of the Karnataka Police Act and Karnataka Police Manual. Any other mandatory directions may be given as this Hon’ble High Court deems it fit and necessary.” ... 11.DIRECT TO COMPLY WITH RULES AND REGULATIONS OF THE KARNATAKA POLICE ACT AND KARNATAKA POLICE MANUAL. ANY OTHER MANDATORY DIRECTIONS MAY BE GIVEN AS THIS HON BLE HIGH COURT DEEMS IT FIT AND NECESSARY. ... T....
According to him, the expression "examination of his person" appearing in Ss.53, 53-A and 54 cognate provisions, sanction only the external medical examination of body of an accused and do not authorise extraction of any fluids, without his consent and if the said provisions are not so interpreted, S.53-A fall foul of Articles 14, 20(3) and 21 of the Constitution and would run against the ratio of the decision in SELVI's case, (supra). He referred to the Karnataka Police Manual and S.197 of the Code. He contended that investigation by respondent No.2 must be fair and the ri....
Therefore, the identification of A2 loses its significance. The finding of the trial Court that identification of A1 and A2 is shrouded with doubt and not proper is correct. The mandatory requirement as provided under Karnataka Police Manual has not been followed.
Order-1430 of the Karnataka Police Manual (Volume II) reads as under: 1430. The determination of blood groups may prove to be of invaluable help in the detection of rape cases.
Order1430 of the Karnataka Police Manual (Volume II) reads as under: 1430. The determination of blood groups may prove to be of invaluable help in the detection of rape cases. Order1430 of the Karnataka Police Manual (Volume II) reads as under: 1430. The determination of blood groups may prove to be of invaluable help in the detection of rape cases.
Order-1430 of the Karnataka Police Manual (Volume II) reads as under: 1430. The determination of blood groups may prove to be of invaluable help in the detection of rape cases. The determination of blood groups may prove to be of invaluable help in the detection of rape cases. Order-1430 of the Karnataka Police Manual (Volume II) reads as under: 1430. Order-1430 of the Karnataka Police Manual (Volume II) reads as under: 1430. The determination of blood groups may prove to be of invaluable help in the detection of rape cases.
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