Citation : 2022 Latest Caselaw 12194 Kant
Judgement Date : 27 September, 2022
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.19338 OF 2022 (GM-POLICE)
BETWEEN:
R. SURESH,
S/O RAJANNA C,
AGED ABOUT 46 YEARS,
OCC: AGRICULTURE ,
R/AT NO 189/1, SATHNUR VILLAGE,
CHIKKAJALA HOBLI, BENGALURU POST,
BENGALURU NORTH,
BENGALURU - 562 149.
...PETITIONER
(BY SRI. SOMASHEKHARAIAH R.P., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY ITS SECRETARY,
HOME DEPARTMENT,
M.S. BUILDING,
BENGALURU - 560 001.
2. THE COMMISSIONER OF POLICE,
INFANTRY ROAD,
BENGALURU - 560 001.
3. THE DEPUTY COMMISSIONER OF POLICE,
NORTH EAST DIVISION,
BANGALORE - 560 023.
2
4. SUB INSPECTOR OF POLICE,
YELAHANKA POLICE STATION,
BENGALURU DISTRICT - 560 023.
...RESPONDENTS
(BY SRI. VINOD KUMAR.M, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING
THE RESPONDENTS TO REMOVE THE NAME OF THE PETITIONER
FORM THE ROWDY LIST OPENED BY THE RESPONDENT-POLICE
IN THE LIMITS OF YELAHANKA POLICE STATION,BENGALURU I.E
BY THE R4 AND ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS 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.4504/2021(GM-POLICE) &
Connected Matters between SRI B.S.PRAKASH Vs. STATE OF
KARNATAKA & OTHERS, disposed off on 22.04.2022and
therefore, the relief granted to the petitioner should be
permitted to avail the benefit of the penultimate paragraph
of the said judgment, argues the counsel for the petitioner
and there is force in this submission.
2. The Division Bench decision 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, it has been held
that like cases should be treated alike and if relief is
granted to a litigant, it cannot be denied to other similarly
circumstanced litigants, subject to all just exceptions.
In view of the above, writ petition is disposed off
directing respondent No.3 to consider the representation of
the petitioner to remove his name from the Rowdy Sheeter
within a period of six weeks from the date a copy of this
judgment is presented or from the date such a
representation is filed, all contentions are kept open.
Costs made easy.
Sd/-
JUDGE DS
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