Sri Byregowda vs State By Karnataka
2022 Latest Caselaw 3587 Kant

                               1


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 3RD DAY OF MARCH, 2022

                         BEFORE

        THE HON' BLE MR. JUSTICE S.G. PANDIT

       WRIT PETITION No.4168/2022 (GM-POLICE)

BETWEEN:

  1. SRI BYREGOWDA
     S/O SHANKAR
     AGED ABOUT 23 YEARS
     R/O THYAMAGONDLU
     KASABA HOBLI
     NELAMANGALA TALUK
     BENGALURU RURAL DISTRICT-562 132.

  2. SRI CHANDRASHEKAR N
     S/O NAGARAJU
     AGED ABOUT 25 YEARS
     THYAMAGONDLU TOWN
     NELAMANGALA TALUK
     BENGALURU RURAL DISTRICT-562 132.
                                         ...PETITIONERS

(BY SRI K.R.LINGARAJU, ADV.)


AND:

  1. STATE BY KARNATAKA
     REP. BY ITS SECRETARY
     DEPARTMENT OF HOME
     VIDHANA SOUDHA
     BENGALURU-560001.

  2. THE SUPERINTENDENT OF POLICE
     BENGALURU RURAL DISTRICT
     MILLERS ROAD
     BENGALURU-560001.

  3. NELAMANGALA RURAL POLICE
     NELAMANGALA MAIN ROAD
                             2


     MALLAPURA
     BENGALURU RURAL DISTRICT-562123.
                                        ...RESPONDENTS
(BY SRI M VINOD KUMAR, AGA FOR R1-R3)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
THE R2 AND 3 TO DELETE THE NAME OF THE PETITIONERS IN
THE ROWDY REGISTRAR.

      THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:-

                      ORDER

Heard Sri K.R. Lingaraju, learned counsel for the

petitioners as well as Sri M. Vinod Kumar, learned AGA

for respondents 1 to 3. Perused the writ petition

papers.

2. Learned counsel for the petitioners would submit

that there is no reason to enter the name of the

petitioners in rowdy list. It is submitted that Sessions

Case No.241/2019 filed against the petitioners, the

petitioners are acquitted by judgment dated 02.09.2020.

Hence there is no reason to continue the petitioners

name in the rowdy sheet.

3. For issuance of a writ of mandamus, submission

of representation or demand is a must. Unless there is

a demand or representation bringing to the notice of the

respondents the subsequent development and request

to delete their names from the rowdy sheet, the

authorities would not be in a position to consider the

request of the petitioners. No representation/request of

the petitioners requesting to delete their names from the

rowdy sheet is placed on record.

4. In the said circumstance, it is for the petitioners to

submit representation to the 2nd respondent requesting

to delete their names from the rowdy sheet. If such

representation is submitted, the 2nd respondent to

consider the same and pass appropriate order within a

reasonable time.

With the above observation, the writ petition is

disposed of.

Sd/-

JUDGE NG* CT:bms