Hanamanth Ishwaran vs The State Of Karnataka And Ors
2024 Latest Caselaw 27423 Kant

Karnataka High Court

Hanamanth Ishwaran vs The State Of Karnataka And Ors on 14 November, 2024

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

                                             -1-
                                                       NC: 2024:KHC-K:8576
                                                    WP No. 203146 of 2024




                              IN THE HIGH COURT OF KARNATAKA

                                     KALABURAGI BENCH

                        DATED THIS THE 14TH DAY OF NOVEMBER, 2024

                                          BEFORE

                        THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

                          WRIT PETITION NO.203146 OF 2024 (GM-RES)

                   BETWEEN:

                   HANAMANTH ISHWARAN
                   S/O. GANGAPPA YELSANGI
                   AGE: 54 YEARS, OCC: ADVOCATE
                   R/O. AKKAMAHADEVI COLONY, KALABURAGI
                   TQ. & DIST. KALABURAGI
                                                             ...PETITIONER
                   (BY SRI RAVI BHEEMSINGH CHAWAN, ADVOCATE)


                   AND:

Digitally signed
by SUMITRA         1.   THE STATE OF KARNATAKA,
SHERIGAR
                        HOME DEPARTMENT,
Location: HIGH
COURT OF                VIDHAN SOUDHA,
KARNATAKA
                        BANGALORE - 560 001
                        REP BY ITS SECRETARY

                   2.   THE POLICE COMMISSIONER
                        KALABURAGI CITY,
                        KALABURAGI - 585 104.

                   3.   THE DEPUTY COMMISSIONER OF POLICE
                        KALABURAGI CITY
                        KALABURAGI - 585 104.
                                   -2-
                                                 NC: 2024:KHC-K:8576
                                              WP No. 203146 of 2024




4.   THE ASSISTANT COMMISSIONER OF POLICE
     SOUTH SUB-DIVISION
     KALABURAGI - 585 104.

5.   THE POLICE INSPECTOR OF
     STATION BAZAAR POLICE STATION,
     KALABURAGI - 585 104.
                                                     ...RESPONDENTS
(BY SRI G.B. YADAV, HCGP)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTIUTION OF INDIA, PRAYING TO ISSUE
THE WRIT IN NATURE OF CIRTIORARI AND QUASH THE
IMPUGNED NOTICE ISSUED BY RESPONDENT NO.4 DATED
10.10.2024 VIDE NO.SSD/KN/2024 TO OPEN A ROWDY SHEET
AGAINST THE PETITIONER VIDE ANNEXURE-E AND TO ISSUE
ANY OTHER DIRECTIONS TO THE RESPONDENTS AS THIS
COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF
CASE.

    THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:


CORAM:     HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR


                          ORAL ORDER

(PER: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR)

1. In this petition, the petitioner seeks the

following reliefs:

"To issue the Writ in Nature of CIRTIORARI and Quash the impugned notice issued by the Respondent No.4 dated 10/10/2024 vide

NC: 2024:KHC-K:8576

No.SSD/KN/2024 to open a Rowdy sheet against the petitioner vide Annexure-E."

2. A perusal of the material on record will indicate

that by the impugned Police Notice at Annexure - E dated

10.10.2024 calling upon the petitioner to state as to why

his name should not be included in the rowdy-sheeters'

list, the petitioner is before this Court by way of the

present petition.

3. Heard the learned counsel for the petitioner and

the learned High Court Government Pleader for the

respondents and perused the material on record.

4. The learned Counsel for the petitioner has filed

a memo of even date enclosing a copy of the reply dated

24.10.2024 submitted by the petitioner to the impugned

notice at Annexure - E dated 10.10.2024. The memo and

document are placed on record.

5. The learned High Court Government Pleader

submits if reasonable time is granted, respondent No.4

NC: 2024:KHC-K:8576

shall consider the reply submitted by the petitioner dated

24.10.2024 and proceed further in accordance with law.

6. In view of the aforesaid factual circumstances

and in the light of the judgment of this Court in the case of

B.S. Prakash Vs. State of Karnataka and others - 2022 (2) KAR

L.R. 457, I deem it just and appropriate to dispose of this

petition directing the 4th respondent to consider the reply

dated 24.10.2024 submitted by the petitioner and proceed

further and take appropriate decision/pass appropriate

orders, bearing in mind the judgment of this Court in B.S.

Prakash's case supra, after providing sufficient and

reasonable opportunity to the petitioner and hearing him,

in accordance with law.

7. Subject to the aforesaid directions, petition

stands disposed of.

Sd/-

(S.R.KRISHNA KUMAR) JUDGE SBS