Disposed

Shri Kumara Swamy a v. the State of Karnataka

Karnataka HC12 Apr 2023WP/4567/2023

Case brief

AI extract

What is this about?

Petitioner sought to quash a show cause notice for externment and his entry in a rowdy list. Court directed him to submit a representation for deletion from the rowdy list and reply to the notice before the authority.

What did the court decide?

Petitioner to submit representation to Respondent No.4 for deletion from rowdy list and reply to show cause notice before the authority with timelines for orders.

Shri Kumara Swamy a Vs the State of… — Constitutional and Fundamental Rights | Karnataka HC (2023)

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WP No. 4567 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF APRIL, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 4567 OF 2023 (GM-POLICE)

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BETWEEN:

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SHRI. KUMARA SWAMY A, S/O ALKIGOWDA, AGED 52 YEARS, OCC.: BUSINESS, R/O #2753, AKASHAVANI, NEAR C.K.PURA BADAVANI, KALAGOTE, CHITRADURGA TQ AND DISTRICT, CHITRADURGA - 577 501.

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…PETITIONER

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(BY SRI. HEMANTHKUMAR L HAVARAGI, ADVOCATE)

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AND:

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

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THE STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, DR B.R. AMBEDKAR VEEDI, BENGALURU – 560 001.

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THE DEPUTY COMMISSIONER, CHITRADURGA DISTRICT, CHITRADURGA - 577 501.

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WP No. 4567 of 2023

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THE SUB DIVISIONAL MAGISTRATE AND THE ASSISTANT COMMISSIONER CHITRADURGA DISTRICT, CHITRADURGA - 577 501.

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THE SUPERINTENDENT OF POLICE, SUB-DIVISION, CHITRADURGA TQ AND DISTRICT, CHITRADURGA - 577 501.

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THE DEPUTY SUPERINTENDENT OF POLICE, SUB-DIVISION, CHITRADURGA TQ AND DISTRICT, CHITRADURGA - 577 501.

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THE CIRCLE INSPECTOR OF POLICE, UPABADAVNE POLICE CIRCLE, UPABADAVANE POLICE STATION, CHITRADURGA, TQ AND DISTRICT, CHITRADURGA - 577 501.

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THE SUB - INSPECTOR OF POLICE, UPABADAVNE POLICE STATION, CHITRADURGA TQ AND DISTRICT, CHITRADURGA - 577 501.

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SMT.GEETA K.R., AGED ABOUT 50 YEARS, OCC: SUB –INSPECTOR, R/O UPABADAVANE POLICE STATION, CHITRADURGA TQ AND DISTRICT, CHITRADURGA – 577 501.

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THE TAHASHILDAR/ EXECUTIVE MAGISTRATE,

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WP No. 4567 of 2023

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CHITRADURGA TALUKA, DISTRICT CHITRADURGA - 577 501.

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…RESPONDENTS

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(BY SRI.B.V.KRISHNA, AGA)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE BEARING NO.M.A.G/C.R.NO.64/2022-23 DATED 06/02/2023, ISSUED BY THE R-3 VIDE ANNEXURE - K ORDER BEARING NO.S.D.P.O/CTA/FILE-31/2020, DATED 18/06/2020, PASSED BY THE R-5 VIDE ANNEXURE - G REPORT BEARING NO.P.R.C.CHIDU/BADAVANE/PS/CCD/34/2023, DATED 28/01/2023 SUBMITTED BY THE R-7 VIDE ANNEXURE - H AND SAME REPORT BEARING NO. C/17/D.C.R.B/CHIDU/2023, CHITRADURGA DATED 01/02/2023, SUBMITTED BY THE R-4 VIDE ANNEXURE-J AND ETC.,

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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 two prayers; one challenging a show cause notice issued to the petitioner as to why an order of externment should not be passed against him and the other, entry of the name of the petitioner in the list of rowdies maintained before respondent No.7, jurisdictional police station.

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WP No. 4567 of 2023

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Heard Sri. Hemanthkumar L. Havaragi, learned

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counsel appearing for the petitioner and Sri. B.V. Krishna, learned AGA appearing for the respondents and have perused the material on record.

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The petitioner is physically handicapped and has embroiled himself in several proceedings. According to the learned counsel appearing for the petitioner, proceedings in C.C.No.2295/2018 is quashed by this Court in Crl.P.No.1288/2019 and another crime in C.C.No.2495/2018, the petitioner has been acquitted after a full blown trial. The third case that is pending against the petitioner is in C.C.No.1288/2018, which is also closed by imposition of penalty in terms of the order of the concerned Court on 07.07.2018. After about two years after the closure of the aforesaid proceedings, the name of the petitioner is drawn in the list of rowdies in respondent No.7 police station. Two years have passed by and no order is passed either continuing the name or deleting the name of the petitioner from the list of rowdies and therefore, he is before this Court.

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WP No. 4567 of 2023

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Petitioner has not submitted any representation before the concerned. The petitioner, is therefore directed to submit a representation to respondent No.4 - the Superintendent of Police of Chitradurga District seeking deletion of his name from the list of rowdies. If such a representation is submitted, respondent No.4 shall consider the same in terms of the guidelines of the Co-ordinate Bench of this Court in W.P.No.4504/2021 and connected matters disposed on 22.04.2022. If a representation is submitted by the petitioner in 4 weeks from today, the same shall be considered and appropriate orders be passed within 12 weeks thereafter.

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Insofar as the other prayer i.e., challenge to the show cause notice issued on the petitioner on 06.02.2023 as to why an order of externment should not passed against him, is concerned, since, it is only a notice issued to the petitioner seeking a reply, the petitioner shall reply to the notice and appear before the concerned. The petitioner can produce all such material in his favour before the Authority. The said Authority to consider the reply in terms of the law laid down by the Apex Court in the case of DEEPAK VS. STATE OF MAHARASHTRA AND OTHERS reported in 2022 SCC OnLine

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WP No. 4567 of 2023

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SC 99 and pass appropriate orders in accordance with law within 4 weeks from the date of receipt of a copy of this order, if not earlier.

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With the aforesaid observations, the writ petition stands disposed.

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Ordered accordingly.

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Sd/JUDGE

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SJK List No.: 1 Sl No.: 23

Shri Kumara Swamy a v. the State of Karnataka

Case brief

What is this about?

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Shri Kumara Swamy a v. the State of Karnataka

Case brief

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