Karnataka High Court
Sri. Shrikanth. S vs The Secretary on 7 August, 2023
Bench: Krishna S.Dixit
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WP No. 7396 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 7396 OF 2023 (GM-POLICE)
BETWEEN:
SRI. SHRIKANTH. S
S/O. SHANTHAPPA,
AGED ABOUT 26 YEARS,
R/AT THAVAREKERE,
HOSKOTE TALUK,
BANGALORE RURAL,
KARNATAKA-562 122.
...PETITIONER
(BY SRI. D R ANANDA.,ADVOCATE)
AND:
1. THE SECRETARY
DEPARTMENT OF HOME,
Digitally signed GOVERNMENT OF KARNATAKA,
by SHARADA VIDHANA SOUDHA,
VANI B BENGALURU-560 001.
Location: HIGH
COURT OF 2. THE DIRECTOR GENERAL &
KARNATAKA
INSPECTOR OF GENERAL
GOVERNMENT OF KARNATAKA,
NRUPATHUNGA ROAD,
BENGALURU-560 001.
3. THE SUPERINTENDENT OF POLICE
BENGALURU RURAL ,
MILLERS ROAD, (QUEENS ROAD),
BENGALURU-560 052.
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WP No. 7396 of 2023
4. THE DEPUTY SUPERINTENDENT OF POLICE
HOSKOTE SUB-DIVISION,
HOSKOTE-562 114.
5. THE INSPECTOR OF POLICE
HOSKOTE TOWN, HOSKOTE-562 114,
BENGALURU RURAL DISTRICT.
6. THE SUB-INSPECTOR OF POLICE
LAW AND ORDER, HOSKOTE TOWN,
HOSKOTE-562 114,
BENGALURU RURAL DISTRICT.
...RESPONDENTS
(BY SRI.B V KRISHNA.,AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECTING THE RESPONDENT NO.5 AND AUTHORITIES AS PER
ANNEXURE-A NO.H1/PS/RTI/10/2023 DATED 02.03.2023, TO
SET ASIDE OR QUASH PETITIONERS NAME AS ROWDY
SHETTER REGISTERED IN THE ROWDY REGISTER MAINTAINED
BY THE AFORESAID CRIME NO.156/2021 AND CR.NO.165/2021
REGISTERED BY THE HOSKOTE POLICE STATION ON THE
BASIS THE NAME OF THE PETITIONER REGISTERED AS ROWDY
IN THE ROWDY REGISTER MAINTAINED BY THE RESPONDENT
NO.5 AND GIVE THE LIBERTY AND PRIVACY TO THE
PETITIONER AND TO AVOID THE SOCIAL SIGMA ON THE
PETITIONER FAMILY BY THIS HONBLE COURT TO GRANT THE
RELIEF AS AFORESAID ON BEHALF OF THE PETITIONER.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner who has been shown as Rowdy Sheeter is
knocking at the Writ Court seeking a Writ of Certiorari for
quashment of the order dated 02.03.2023. Learned
counsel for the Petitioner argues that this order is contrary
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WP No. 7396 of 2023
to the norms laid down by this Court in W.P.No.4504/2021
(GM-POLICE) between B.S.PRAKASH and STATE OF
KARNATAKA & OTHERS disposed off by this Court on
22.04.2022 more particularly Guideline (iii) and therefore,
is liable to be set at naught.
2. Learned AGA appearing for the Respondents
opposes the Petition making submission in justification of
the impugned order. He also points out that the cognate
judgment provides for right of appeal before the Police
Complaints Authority which has become functional from
the recent past, a retired judge of this Court having been
appointed as its Chairman. So contending, he seeks
dismissal of the Writ petition on the ground of availability
of alternative remedy.
3. Having heard the learned counsel for the parties
and having perused the Petition papers, this Court declines
indulgence in the matter broadly agreeing with the
submission made by the learned AGA on behalf of official
Respondents.
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WP No. 7396 of 2023
In view of the above Petition is disposed off reserving
liberty to the Petitioner to approach the Police Complaints
Authority within a period of four weeks, keeping open all
contentions.
If the appeal is filed within four weeks, the issue of
limitation/laches shall pale into insignificance.
Costs made easy.
Sd/-
JUDGE
Bsv
