A writ petition challenging the opening of a rowdy sheet against the petitioner, whose FIRs related only to pending family civil disputes. The court found the order prima facie without application of mind but declined to interfere, directing the petitioner to seek review per guidelines issued in W.P. No.4504/2021 and disposed of the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION No. 2716 OF 2024 (GM-POLICE)
BETWEEN:
…PETITIONER
(BY SRI LAKSHMIKANTH K., ADVOCATE)
AND:
Digitally signed by VALLI MARIMUTHU Location: High Court of Karnataka
…RESPONDENTS
(BY SRI S.H. RAGHAVENDRA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 09.10.2021 UNDER ORDER No.MSD/ROPWDY-19-2021 PASSED BY R2, THEREBY R1 HAS OPENED THE ROWDY SHEET IN THE NAME OF THE PETITIONER AT ANNEXURE-L.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL ORDER
(PER: HON'BLE MR. JUSTICE K. V. ARAVIND )
The instant petition seeking to quash the order dated
09.10.2021 at Annexure-L, wherein the petitioner has been
treated as rowdy-sheeter by respondent No.2.
NC: 2024:KHC:27336 WP No. 2716 of 2024
guidelines laid down by this Court in the judgment referred to above and the same will be considered in accordance with law.
" ಸದ� ಆ�ಾ�ಯು �ಾ�ಮದ�� ಸಣ�-ಪ�ಟ� �ಾರಣಗ��ೆ �ೌಜ�ನ !ಂದ ವ$�ಸು%ಾ&, ನ'ೆ(ೊ'ೆಯವ'ೊಂ!�ೆ ಗಾ+ೆ ,ಾಡುವ ಪ�ವೃ$& ಉಳ1ವ2ಾ3ರು%ಾ&2ೆ . ಈತನ 6ರುದ7 �ಾಖಾ3ರುವ ಪ�ಕರಣಗಳ�� :;ಾ�! ಮತು& �ಾ<�ಾರ��ೆ %ೊಂದ'ೆ =ೕಡುವ ಸ?@ಾವವ�ಳ12ಾ3ರು%ಾ&2ೆ . ಈತನ 6ರುದA ಪ�ಕರಣಗಳB �ಾಖಾ3ದAರೂ ಸಹ ತನD Eಾ�ಯನುD Fಡ�ೆ GಾHಾ Iಾ :&ಯ�� ಅKಾಂ$ ಉಂಟು ,ಾL, �ಾನೂನು ಸುವ ವ�ೆM�ೆ ಧ�ೆO ಉಂಟು ,ಾಡುವ �ಾದ %ೆಗ�ರುವ�ದ�ಂದ ಈತನ ಚಲನವನಗಳ Rೕೆ =�ಾವST, ಆ3ಂ�ಾ�ೆU EೆV ,ಾಡು%ಾ& �ಾನೂನು ಸುವ ವ�ೆM�ೆ ಧ�ೆO;ಾಗದ �ೕ$ ಮು2ೆDಚW��ಾ ಕ�ಮIಾ3 ಈತನ 6ರುದ7 " ಎ " 'ೌL YೕZನುD %ೆ'ೆಯಲು ಮಧು3� [�ೕ\ GಾHೆಯ :.ಎ.ಐ ರವರು ಅನುಮ$ಯನುD �ೋ��ಾA3ರು%ೆ&."
NC: 2024:KHC:27336 WP No. 2716 of 2024
grievance as per the guidelines framed this Court in Writ Petition No.4504/2021, this Court is not inclined to interfere. The petitioner is at liberty to file application in terms of the guidelines. For convenience, the guidelines are extracted and the same reads as under;
GUIDELINES FOR ROWDY/HISTORY SHEETING:
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.
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.
Sd/-
(K. V. ARAVIND) JUDGE
MV
List No.: 1 Sl No.: 53
2 issues framed by the court
Whether the order opening a rowdy sheet against the petitioner was passed without application of mind.
What remedy is available to the petitioner to seek deletion of his name from the Rowdy Register.
Colour shows how this judgement treated each authority
Writ Petition No.4504/2021 dated 22.04.2022Relied on¶4
4 provisions across 3 enactments
S. M. Naveen Kumar
The State of Karnataka by Police Inspector, Madhugiri Police Station
The Deputy Commissioner of Police, Madhugiri Sub-Division
The Superintendent of Police, Tumkur District
The Director General of Police and Inspector General of Police, Karnataka State
K. V. Aravind
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
