Petitioner challenged a notice proposing to register him as a 'B' grade rowdy at Chikkajala police station, contending it issued without considering his reply. The court quashed the notice and directed the Assistant Commissioner of Police to consider the petitioner's reply per guidelines laid down in B.S. Prakash.
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.
NC: 2024:KHC:3032 WP No. 895 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 895 OF 2024 (GM-POLICE)
BETWEEN:
MANJUNATHA G @ DAS S/O GANGANNA AGED ABOUT 36 YEARS RESIDING AT NO. 8 BASAVESHWARA COMPLEX MARUTINAGARA, YELAHANKA BENGALURU - 560 063.
…PETITIONER
(BY SRI. LAKSHMIKANTH, ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:3032 WP No. 895 of 2024
…RESPONDENTS
(BY SRI. MANJUNATH K., HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE ISSUED BY THE R2 DTD 11.12.2023 VIDE NO.RAYS/374/CC/NOTICE/ACP/DHL/2023 AT ANNEXURE-C.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner is before this Court calling in question a notice
dated 11-12-2023 declining to accept the representation of the petitioner to delete his name from the list of rowdies in the Chikkajala police station.
petitioner and the learned High Court Government Pleader appearing for respondents.
NC: 2024:KHC:3032 WP No. 895 of 2024
The petitioner is said to have become an accused in Crime Nos.129 of 2021 and 146 of 2021 of Chikkajala police station. The police after investigation have filed a charge sheet. On the score that charge sheets have been filed against the petitioner, a notice was issued to the petitioner on 22.10.2023 seeking to show cause as to why the name of the petitioner should not be drawn in the list of rowdies. The petitioner then replies to the said notice on 28.10.2023. Without considering the reply submitted by the petitioner, the impugned notice comes to be issued on 11.12.2023 seeking to show cause as to why the name of the petitioner should not be drawn as a ‘B’ grade rowdy in the list of rowdies.
NC: 2024:KHC:3032 WP No. 895 of 2024
that if reasonable time is granted, the grievance of the petitioner would be heard and appropriate orders would be passed directly in consonance with the guidelines laid down by the co-ordinate Bench in the case of B.S.PRAKASH V. STATE
OF KARNATAKA rendered in W.P.No.4504 of 2021 disposed on 22-04-2022 wherein certain guidelines are laid down by the co-ordinate bench. The guidelines laid by the co-ordinate Bench reads as follows:
GUIDELINES FOR ROWDY/HISTORY SHEETING:
NC: 2024:KHC:3032 WP No. 895 of 2024
forthwith, with a mention that he may petition the Police Complaints Authority, against the same.
NC: 2024:KHC:3032 WP No. 895 of 2024
disclosed nor made available to anyone, except to the aggrieved, nor any Right To Information (RTI) application shall be entertained in this regard.
In the wake of the submission by the learned High Court Government Pleader that the case of the petitioner would merit consideration strictly in consonance with the guidelines supra , I deem it appropriate to dispose the petition with a direction to the 2nd respondent/Assistant Commissioner of Police to consider the reply of the petitioner and then pass appropriate orders. As a matter of form, the notice dated 11.12.2023 stands quashed.
NC: 2024:KHC:3032 WP No. 895 of 2024
would ensue within 8 weeks from the date of receipt of the copy of the order, if not earlier. Ordered accordingly.
Sd/JUDGE
BKP List No.: 1 Sl No.: 117 CT:SS
1 issue framed by the court
Whether the notice seeking to draw the petitioner's name as 'B' grade rowdy was validly issued without considering his reply to the earlier show cause notice?
Colour shows how this judgement treated each authority
B.S.Prakash v. State of KarnatakaApplied
W.P.No.4504 of 2021 disposed on 22-04-2022
1 provisions across 1 enactments
Manjunatha G @ Das
The State of Karnataka by Police Inspector Chikkajala Police Station
The Assistant Commissioner of Police Devanahalli Sub Division
The Superintendent of Police Bangalore Rural District
The Director General of Police and Inspector General of Police
M.Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
