Karnataka High Court

Sri. Dinesh M vs The Inspector Of Police on 21 February, 2024

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

                                              -1-
                                                            NC: 2024:KHC:7342
                                                        WP No. 4993 of 2024




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 21ST DAY OF FEBRUARY, 2024

                                           BEFORE
                        THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                       WRIT PETITION NO. 4993 OF 2024 (GM-POLICE)
                BETWEEN:

                SRI. DINESH M.,
                S/O LATE MUDDEGOWDA
                AGED ABOUT 50 YEARS
                R/O SATHYAMANGALA BADAVANE
                KASABA HOBLI, HASANA TALUK
                HASANA DISTRICT - 573 201.
                                                                ...PETITIONER
                (BY SRI. RAJU S., ADVOCATE)

                AND:

                1.     THE INSPECTOR OF POLICE
                       K.R.PURAM POLICE STATION
                       HASANA TOWN, HASANA - 573 201.
Digitally signed
by NAGAVENI
                 2.    THE INSPECTOR OF POLICE
Location: HIGH
COURT OF               DCRB UNIT, OFFICE OF THE
KARNATAKA              DISTRICT POLICE, HASANA - 572 001.

                3.     DEPUTY SUPERINTENDENT OF POLICE
                       N.R.CIRCLE, B.M.ROAD
                       HASANA, HASANA DISTRICT - 573 201.

                4.     SUPERINTENDENT OF POLICE
                       HASANA R.C.ROAD
                       HASANA DISTRICT - 573 201.
                                  -2-
                                                 NC: 2024:KHC:7342
                                             WP No. 4993 of 2024




5.   DISTRICT MAGISTRATE/DEPUTY COMMISSIONER
     HASANA DISTRICT, B.M.ROAD
     HASANA - 573 201.
                                       ...RESPONDENTS
(BY SRI. K.MANJUNATH, HCGP)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER BEARING NO. SDPO,
HASANA/ROWDY SHEET/01/2021 DTD 10.03.2021 PASSED BY
THE R-3 AS PER ANNEXURE-B; DIRECT THE R-3 AND 4 TO
CONSIDER THE REPRESENTATION DTD 20.01.2024 MADE BY
THE PETITIONER AS PER ANNEXURE-F AND G.

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

The petitioner is before this Court seeking the following

prayer:

"a) Issue writ of certiorari or any other appropriate writ, directions or order to quash the impugned Order bearing No.SDPO, Hasana/Rowdy Sheet/01/2021 dated 10.03.2021 passed by the 3rd respondent as per Annexure 'B';

b) Issue writ of mandamus or any other appropriate writ, directions or order, thereby directing the respondents 3 and 4 to consider the representation dated 20.01.2024 made by the petitioner as per Annexure 'F' and 'G';

c) Grant such others relief's as this Hon'ble court deems fit in the facts and circumstances of the case in the interest of justice and equity."

NC: 2024:KHC:7342

2. Heard Sri Raju S., learned counsel for petitioner and

Sri K. Manjunath, learned High Court Government Pleader for

the respondents.

3. The petitioner gets embroiled in crimes in Crime

No.117/2020 and 35/2021. Pursuant to the registration of the

crimes against the petitioner, the name of the petitioner is

drawn in the list of rowdies before the jurisdictional police

station on 10.03.2021. The petitioner then submits a

representation on 20.01.2024, seeking deletion of his name

from the Register of rowdies, which is pending consideration at

the hands of respondent Nos.3 and 4.

4. Learned counsel appearing for the petitioner submits

that the issue in the lis stands answered by the judgment

rendered by this Court in W.P.No.5489/2023, disposed on

13.03.2023, wherein it is held as follows:

"6. It is germane to notice that the Co-ordinate Bench in W.P.No.4504/2021 disposed on 22.04.2022 has laid down certain guidelines with regard to inclusion and deletion of the name of the rowdies in the list of rowdies maintained at respective jurisdictional police stations. The guidelines so laid down in the said order passed by the Co-ordinate Bench reads as follows:

" GUIDELINES FOR ROWDY/HISTORY SHEETING:

NC: 2024:KHC:7342

i. Before entering the name of an individual to the Register of Rowdies, the jurisdictional police shall collect and collate the material information concerning him and frame the proposal for registration on that basis.

ii. A brief proposal notice shall be sent to the individual concerned in a sealed cover with an option to submit his representation within two weeks as to why his name should not be registered as a rowdy. However, there is no need to afford a personal hearing. In exceptional cases notice may be dispensed with for reasons to be recorded in the Register of Rowdies.

iii. In terms of Clause (5), Order 1059 of the Manual, the Superintendent of Police or the Sub

- Divisional Police Officer shall not accord approval for entering the name of individual concerned to the Register of Rowdies without calling for records and objectively considering the same. He shall briefly record his reasons for according the approval and mark a copy thereof to the individual forthwith, with a mention that he may petition the Police Complaints Authority, against the same.

iv. The jurisdictional Police shall compulsorily once in two years, undertake a periodic review of entries in the Register of Rowdies suo motu, as provided under Clause (2), Order 1057 of the Manual. However, it is open to the aggrieved, to make a representation at any time after one year of registration, seeking deletion of name from the Rowdy Register on the basis of changed circumstances such as rectitude, good conduct, social/community service, etc.

V. The representation for review shall be considered by the jurisdictional Police at the initial level within a period of 30 days, during which necessary inputs may be obtained through the available sources as to merits of the claim. The recommendation shall be sent to the jurisdictional Superintendent of Police or the Sub Divisional Police Officer, within 15 days along with the representation & the material collected thereon. Such recommendation along with the result of consideration of the representation shall be communicated to the individual concerned within next 15 days.

NC: 2024:KHC:7342

vi. Any individual aggrieved by the rejection of his representation or continuation of his name in the Register may petition to the Police Complaints Authority ordinarily within 30 days. However, no personal hearing shall avail. The petition shall be disposed off by recording reasons within an outer limit of 60 days, after considering the material on record or the fresh inputs that may be requisitioned, by the authority.

vii. The entire process of Rowdy/History Sheeting from the stage of issuance of proposal notice as specified above, up to the issuance of the orders on the petition if any to the Police Complaints Authority, shall be done only in a sealed cover procedure and that nothing therein shall be disclosed nor made available to anyone, except to the aggrieved, nor any Right To Information (RTI) application shall be entertained in this regard.

viii. The violation of these guidelines shall constitute a major misconduct and an adverse entry on proof thereof shall be made by the Disciplinary Authority in the Service Register of the erring official after hearing him and a copy thereof shall be marked to the victim of Rowdy Register/History Sheet, without brooking any delay.

ix. Whatever guidelines herein above laid down shall be applicable to the case of History Sheeters as well, mutatis mutandis and subject to the provisions of Karnataka Police Manual, 1965."

7. The petitioner has submitted representations on 17.02.2023, which have not yet been considered. Therefore, respondent No.4 - Superintendent of Police, Chitradurga District shall consider those representations and pass appropriate orders, bearing in mind the guidelines so laid down by the Co-ordinate Bench as extracted herein above, within four weeks from the date of receipt of copy of this order, if not earlier."

NC: 2024:KHC:7342

In the light of the afore-quoted order passed by this

Court, the representation of the petitioner which is not yet met

its consideration, shall meet its consideration and pass

appropriate orders in accordance with law, bearing in mind the

observations made by the co-ordinate bench of this Court in

W.P.No.4504/2021 disposed on 22.04.2022, as quoted supra,

within 8 weeks from the date of receipt of a copy of the order,

if not earlier.

5. With the aforesaid direction, the writ petition stands

disposed.

Ordered accordingly.