Citation : 2022 Latest Caselaw 1357 Kant
Judgement Date : 31 January, 2022
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.1573 OF 2022(GM-POLICE)
BETWEEN:
MOHANKUMARA M C,
S/O CHIKKEGOWDA,
AGED ABOUT 28 YEARS,
MALLAPPANAHALLI VILLAGE,
KASABA HOBLI, HOLENARASIPURA TALUK,
HASSAN DISTRICT - 573 211.
...PETITIONER
(BY SRI. KARTHIK B Y, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY EXTENSION POLICE, HASSAN,
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
HIGH COURT BUILDINGS,
BANGALORE - 560 001.
2. THE SUPERINTENDENT POLICE,
OPPT, HIMS HOSPITAL,
R C ROAD, HASSAN - 573 213.
3. CIRCLE INSPECTOR OF POLICE,
HOLENARASIPURA CIRCLE OFFICE,
HOLENARASIPURA - 573 211.
4. POLICE SUB INSPECTOR,
H N PURA TOWN P S,
NEAR TALUK OFFICE, RIVER BANK ROAD,
HOLENARASIPURA - 573 211.
...RESPONDENTS
(BY SRI. VINOD KUMAR, AGA)
2
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT
OF CERTIORARI BY SETTING ASIDE THE IMPUGNED ORDER
DATED 07.08.2021 PASSED BY THE RESPONDENT NO.4 I.E.,
ANNEXURE-A AND DIRECT THE RESPONDENT TO CONSIDER
THE REPRESENTATION DATED 16.12.2021 AND 22.12.2021, BY
REMOVING THE NAME OF THE PETITIONER FROM THE ROWDY
LIST OF THE RESPONDENT NO.4 POLICE STATION,
HOLENARASIPURA TOWN POLICE STATION.
THIS PETITION COMING ON FOR MEMO FOR POSTING
THROUGH VIDEO CONFERENCING, THIS DAY, THE COURT
MADE THE FOLLOWING:-
ORDER
The subject matter of this Writ Petition is substantially
similar to the one in W.P.No.1086/2022 between Kaleem Ulla
Khan Vs. Superintendent of Police, disposed off by this Court
today i.e., 31.1.2022.
2. A Division Bench of this Court in W.A.Nos.932-
933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF
KARNATAKA BY ITS COMMISSIONER & SECRETARY
disposed off on 11.12.1974, has held that the Court should
treat like-cases alike and if relief is granted to a litigant,
similar relief cannot be denied to other similarly
circumstanced litigants, there being no derogatory
circumstances.
In view of the above, this Writ Petition is disposed off
with the same relief as has been granted to the litigant in the
cognate petition.
The respondent No.2 is directed to consider the subject
representation of the petitioner afresh, for dropping/deletion
of the name of the petitioner as a Rowdy Sheeter from the
relevant Registers.
All contentions are kept open.
Costs made easy.
Sd/-
JUDGE
cbc
W.P.NO.1573/2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU [MOHANKUMAR M C VS. THE STATE OF KARNATAKA AND OTHERS]
KSDJ:
28.03.2022 (VIDEO CONFERENCING)
ORDER ON 'BEING SPOKEN TO'
Learned counsel for the petitioner is justified in
submitting that time limit should be prescribed for
accomplishing the mandated task.
A period of eight weeks is accordingly prescribed.
Registry to attach this sheet to the judgment in
question.
Sd/-
JUDGE
DS
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