Disposed

Mr. P. K. Chethan v. State of Karnataka

Karnataka HC6 Jan 2023WP/105/2023

Case brief

AI extract

What is this about?

This public sector workforce case involves a petition seeking deletion of the petitioner's name from the rowdy list. The High Court disposed of the petition by directing the petitioner to submit a fresh representation for final consideration by the authorities.

What did the court decide?

Direction to petitioner to submit fresh representation; direction to respondent to pass order within 12 weeks.

Mr. P. K. Chethan Vs State of… — Constitutional and Fundamental Rights | Karnataka HC (2023)

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WP No. 105 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF JANUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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WRIT PETITION NO. 105 OF 2023 (GM-POLICE)

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BETWEEN:

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MR. P. K. CHETHAN S/O P.R. KRISHNAPPA AGED ABOUT 28 YEARS R/AT NO.12 NEAR SREE RAMA TEMPLE BUS STOP PANATTURU BENGALURU-560 103.

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…PETITIONER

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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(BY SRI. MAHESH KIRAN SHETTY S.,ADVOCATE)

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AND:

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STATE OF KARNATAKA DEPARTMENT OF HOME AFFAIRS VIDHANA SOUDHA BENGALURU-560001 REPRESENTED BY ITS

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PRINCIPAL SECRETARY

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WP No. 105 of 2023

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THE COMMISSIONER OF POLICE INFANTRY ROAD BENGALURU-560001.

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THE DEPUTY COMMISSIONER OF POLICE WHITEFIELD DIVISION WHITEFIELD BENGALURU.

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THE STATION HOUSE OFFICER MARATHAHALLI POLICE STATION MARATHAHALLI BENGALURU REP BY PUBLIC PROSECUTOR.

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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 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO DELETE THE NAME OF THE PETITIONER FROM THE REGISTER OF ROWDY LIST BY CONSIDERING THE REPRESENTATION OF THE PETITIONER DATED: 25.11.2022 VIDE ANNEXURE-F.

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

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ORDER

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The petitioner is before this Court seeking following

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prayer;

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"Issue writ in the nature of mandamus or any other appropriate writ or order directing the respondents to delete the name of the

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WP No. 105 of 2023

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petitioner from the register of rowdy list by considering the representation of the petitioner dated:25.11.2022 vide Annexure -F".

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Heard Sri. Mahesh Kiran Shetty, learned counsel appearing for the petitioner and Sri. M.Vinodkumar, learned AGA appearing for the

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respondents.

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The petitioner was arrayed as accused in Crime No.422/2017 for the offences punishable under Sections 427, 506, 143, 504, 147, 341, 149, 148, 448 and 141 of IPC. The matter was tried in C.C.No. 55527/2019 and the matter was settled before the Lok Adalath and the petitioner was acquitted in the aforesaid proceedings but the name of the petitioner was enlisted to be a rowdy in the rowdy sheet maintained before the jurisdictional police. After acquittal of the petitioner, the petitioner has submitted a representation dated 25.11.2022 vide Annexure-F to the Deputy Commissioner of Police for seeking removal/deletion of his name from the rowdy

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WP No. 105 of 2023

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sheet. The representation is yet to merit consideration at the hands of the Deputy Commissioner of Police- the respondent No.3 herein.

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Learned AGA would submit that the

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representation of the petitioner would be considered and further submits that if the petitioner makes a fresh representation as is given on 25.11.2022, the same would be considered if reasonable time is granted. His submission is taken on record.

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In the light of the order passed by the Coordinate Bench of this Court in the case of SRI. B.S.PRAKASH AND ANOTHER vs. THE STATE OF

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KARNATAKA, REPRESENTED BY THE SECRETARY TO THE HOME DEPARTMENT in the WRIT PETITION NO.4504/2021 and connected matters and in the light

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WP No. 105 of 2023

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of the submission made by the learned AGA, I deem it appropriate to pass the following;

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ORDER

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(i) The writ petition is disposed of with a direction to the petitioner to submit a fresh representation within one week from today to

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the Deputy Commissioner of Police or a reminder enclosing the earlier representation dated 25.11.2022.

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(ii) The Deputy Commissioner of Police

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upon receipt of such reminder /representation shall pass appropriate orders within 12 weeks

thereafter.

Ordered accordingly.

Sd/JUDGE

Mr. P. K. Chethan v. State of Karnataka

Case brief

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Mr. P. K. Chethan v. State of Karnataka

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