KHALEEL KHAN @ MOHAMMED KHALEEL v. THE COMMISSIONER OF POLICE
WP/201167/2025 · 2025-04-26
Chillakur Sumalatha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10018 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10018 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-K:2514 WP No. 201167 of 2025
IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.201167 OF 2025 (GM-POLICE) BETWEEN:
KHALEEL KHAN @ MOHAMMED KHALEEL S/O NIZAM KHAN @ MOHAMMED NIZAM, AGED ABOUT 47 YEARS, OCC: BUSINESS, R/O: H.NO.5-1346, RING ROAD, NEAR INDIAN SCHOOL ROAD, BULAND PARVAZ COLONY, KALABURAGI - 585 104.
…PETITIONER (BY SRI. BASAVARAJ M. POLICE PATIL, ADVOCATE) AND:
1.
THE COMMISSIONER OF POLICE, KALABURAGI CITY, KALABURAGI – 585 105.
2.
THE ASSISTANT COMMISSIONER OF POLICE, KALABURAGI CITY, KALABURAGI – 585 105.
3.
THE POLICE INSPECTOR, ROZA POLICE STATION, KALABURAGI – 585 105.
…RESPONDENTS (BY SRI. SHESHADRI JAISHANKAR, AGA)
Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC-K:2514 WP No. 201167 of 2025
THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ALLOW THIS WRIT PETITION BY ISSUING A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION TO THE RESPONDENT TO CONSIDER THE REPRESENTATION DATED 07.02.2025 VIDE ANNEXURE-B.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL ORDER (PER: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)
Heard Sri Basavaraj M.Police Patil learned counsel for the petitioner as well as learned Additional Government Advocate who represents respondent Nos.1 to 3.
2.
Learned counsel for the petitioner submits that the petitioner was falsely implicated in a criminal case and the said case ended in acquittal in the year 2002 itself. Subsequently, the petitioner is not involved in any other cases. The respondent opened a rowdy sheet and Modus Operandi Body (MOB) against the petitioner and the same were not closed. Since 22 years the petitioner is
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NC: 2025:KHC-K:2514 WP No. 201167 of 2025
approaching different police authorities, but there is no response. Even the representation submitted by the petitioner is kept pending since long time and therefore, the present writ petition is filed.
3. Learned Additional Government Advocate submits that after verification of records, a decision will be taken.
4. Here is a case where the petitioner states that he was acquitted in a criminal case in the year 2002 and is not involved in any other cases thereafter, but the rowdy sheet and MOB are in operation since 22 years. No reason is given by learned Additional Government Advocate as to why the representation at Annexure-B is not considered and answered till now. Therefore, this Court is of the view that the writ petition is required to be allowed. Thus, the writ petition is disposed of with the following direction : i) Respondent No.3 is directed to consider the representation of the petitioner dated 07.02.2025, subject the relevant records to
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NC: 2025:KHC-K:2514 WP No. 201167 of 2025
verification and thereafter to pass appropriate orders. ii) This exercise shall be completed within a period of four weeks from the date of receipt of certified copy of this order. iii) The decision taken be communicated to the petitioner.
Sd/- (Dr.CHILLAKUR SUMALATHA) JUDGE
SN List No.: 1 Sl No.: 43 CT:NI