Disposed

Sri Madhu Kiran K C v. the Sub Inspector of Police

Karnataka HC11 Jan 2021WP/366/2021

Case brief

AI extract

What is this about?

A writ petition filed by a recreation club president prayed for non-interference in carrying games. The High Court, relying on a previous decision, disposed of the petition imposing conditions on CCTV installation, issuance of identity cards, restriction on non-members, prohibition of stakes, and liberty for police to inspect premises.

What did the court decide?

Petition disposed with directions to install CCTV, issue ID cards, restrict non-members, prohibit games with stakes, and allow police periodic visits.

Sri Madhu Kiran K C Vs the Sub Inspector of Police — Service and Employment | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF JANUARY, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE P. S. DINESH KUMAR

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WRIT PETITION NO.366/2021 (GM - POLICE)

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BETWEEN:

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SRI. MADHU KIRAN.K.C. S/O CHANDRASHEKARAIAH, AGED ABOUT 28 YEARS, PRESIDENT OF KALIPURSHA RECREATION CLUB (R) HAVING REGISTERED OFFICE AT NO.243, C/O JAYAMMA, GANTHAGOWDANAHALLI, KERAGODU HOBLI, MANDYA – 571 446.

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.. PETITIONER

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(BY SRI. K.LAKSHMI KANTH, ADVOCATE)

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AND:

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THE SUB INSPECTOR OF POLICE KERAGODU POLICE STATION, MANDYA TALUK, MANDYA DISTRICT – 571 446.

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THE CIRCLE INSPECTOR OF POLICE, MANDYA POLICE STATION, MANDYA TALUK, MANDYA DISTRICT – 571 446.

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THE DEPUTY SUPERINTENDENT OF POLICE MANDYA TOWN, MANDYA TALUK, MANDYA DISTRICT – 571446.

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THE SUPERINTEDENT OF POLICE, MANDYA TOWN, MANDYA TALUK, MANDYA DISTRICT – 571 446.

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.. RESPONDENTS

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(BY SRI. M.VINOD KUMAR, AGA.)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 4 NOT TO DISTURB THE PETITIONER IN CARRYING CAROM, HESS, TABLE TENNIS, KABBADI, SKILL GAMES SPORTS ACTIVITIES IN THE NAME AND STYLE OF KALIPURSHA RECREATION CLUB(R) IN THE PREMISES AS STATED IN CERTIFICATE OF REGISTRATION DATED 23.12.2020 AT ANNEXURE-B VIDE RE.NO.DRMD/SOR/83/2020-21.

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

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ORDER

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Shri. M. Vinod Kumar, learned AGA accepts notice for respondents - State.

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Learned advocate for petitioner and learned AGA jointly submit that this petition is covered by decision of this Court in Kalpataru Recreation Association Vs. The State of Karnataka and others (W.P. No.7909/2019 dated 26th February 2019).

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In view of aforesaid submissions, this writ petition is disposed of with the following conditions:

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(i) The petitioner shall install CC TV cameras at the places of access to its members and also at all the places, wherein games are played by the members within a period of six weeks. The CC TV footage of at least prior 15 days’ period shall be made available by the petitioner to the jurisdictional police, as and when called upon to do so;

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(ii) The petitioner shall issue identity cards to all its members, which shall be produced by the members, when called upon by the concerned police, during the raids, survelliance, etc.;

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(iii) The petitioners shall not allow any non-members or the guests of the members, to make use of its premises for the purpose of playing any kind of games or recreational activities;

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(iv) The petitioners shall not permit any activity by any of its members, by indulging in acts of amusement, falling within the definition of Sections 2(14) & 2(15) of the Act and shall not permit any games of chance as per Explanation (II) of Sub-section (7) of Section 2 of Karnataka Police Act, 1963. The members shall not be allowed to play any kind of games with stakes or make any profit or gain out of the games played;

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(v) The petitioner shall put proper mechanism in place and shall ensure that no games is played in any unlawful manner by the members. If the jurisdictional police find the games played are contrary to any law and in violation of the settled practice, it is open to them to take action against the petitioner and the offenders, in accordance with law;

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(vi) The jurisdictional police shall have liberty to visit premises periodically and/or on

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receipt of any information about any unlawful activity being carried on in the petitioner’s premises;

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(vii) The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner’s – Club/Association; and

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(viii) It is made clear that this order would not come in the way of the jurisdictional police invoking the provisions of the Act and taking action in accordance with law, if the members of the petitioner is found to have indulged in any unlawful or immoral activities.

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Shri. M. Vinod Kumar, learned AGA is permitted to

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file Memo of appearance in four weeks.

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No costs.

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KTY

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Sd/JUDGE

Sri Madhu Kiran K C v. the Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

Sri Madhu Kiran K C v. the Sub Inspector of Police

Case brief

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What did the court decide?

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