Karnataka High Court
Aijaz Gulam Husen Khan S/O Gulam Husen ... vs The State Of Karnataka on 1 July, 2024
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NC: 2024:KHC-D:8901
WP No. 106159 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 106159 OF 2023 (GM-POLICE)
BETWEEN:
AIJAZ GULAM HUSEN KHAN
S/O. GULAM HUSEN KHAN,
AGE: 43 YEARS, OCC: SOCIAL SERVICE,
R/O. PLOT NO.8, BAUXITE ROAD,
KUMAR HOSTEL, AZAM NAGAR,
BELAGAVI-59.
...PETITIONER
(BY SRI. I.A. MULLA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS COMMISSIONER
OF POLICE, CITY BELAGAVI,
PIN-590001.
2. THE POLICE INSPECTOR,
APMC POLICE STATION,
BELAGAVI, PIN-590017.
...RESPONDENTS
Digitally signed by
ASHPAK (BY SRI. V.S. KALASURMATH, HCGP)
KASHIMSA
MALAGALADINNI
Location: HIGH
COURT OF
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
KARNATAKA
DHARWAD BENCH OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN
Date: 2024.07.05
12:44:33 +0530 FORM OF MANDAMUS OR ANY OTHER FORM OF WRIT OR ORDER THE
RESPONDENTS REPRESENTING THE STATE OF KARNATAKA TO
DELETE THE NAME OF THE PETITIONER FROM THE LIST OF ROWDY
SHEET MAINTAINED BY THE RESPONDENT NO.2-POLICE STATION
WHICH IS ILLEGAL UNWARRANTED AND AGAINST THE PROVISIONS
OF LAW WHICH IS TARNISHING GOOD NAME OF THE PETITIONER IN
THE SOCIETY, BY NOT FOLLOWING THE GUIDELINES ISSUED BY
THIS HON'BLE COURT OF KARNATAKA AS PER ANNEXURE-"B" BY
DELETING HIS NAME IN THE ROWDY SHEETER REGISTER
MAINTAINED BY THE RESPONDENT NO.2 POLICE STATION.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:8901
WP No. 106159 of 2023
ORDER
The captioned writ petition is filed by the petitioner seeking mandamus against the respondents to consider his representation wherein a request is made to the respondent-police officials to delete petitioner's name from the list of rowdy-sheet.
2. Heard the learned counsel for the petitioner and learned HCGP for the respondents.
3. Learned HCGP on instruction submits that petitioner has a benefit of acquittal order in all pending criminal proceedings. If this factual matrix is admitted, then this court is of the view that the respondent-officials are bound to consider the petitioner's case in terms of the guidelines issued by this court in the case of Sri Manja @ Golla Manja Vs State of Karnataka in W.P.No.4504/2021 and connected petitions decided on 22.04.2022. Learned HCGP at this juncture has brought to the notice of this court that petitioner has to submit a -3- NC: 2024:KHC-D:8901 WP No. 106159 of 2023 representation requesting for deletion of his name from the rowdy-sheet.
4. In the light of the law laid down by this court in the judgment cited supra, petitioner is reserved with liberty to submit a representation to the respondents by furnishing all the details. On the receipt of such representation, the respondent-officials shall consider the representation adhering to the law laid down by this court in the above cited judgment.
5. For the forgoing reasons this court passes, the following:
ORDER
i) The writ petition is allowed.
ii) Petitioner to submit a representation to the respondents within two weeks from the date of receipt of copy of this order. -4-
NC: 2024:KHC-D:8901 WP No. 106159 of 2023
iii) On receipt of the representation, the respondents shall review the petitioner's status adhering to the guidelines issued by this court in the judgment cited supra.
iv) This exercise shall be accomplished by the respondents within a period of four weeks from the date of receipt of the representation.
Sd/-
JUDGE MBS Ct-mck List No.: 1 Sl No.: 22