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2025 DAILYLAW 10972 (KAR)

SIDDARTH BADLASKAR v. THE ASSISTANT COMMISSIONER OF POLICE

WP/201368/2025 · 2025-07-04

M I Arun

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-K:3651 WP No. 201368 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.201368 OF 2025 (GM-POLICE) BETWEEN: SIDDARTH BABLADKAR S/O NAGENDRA BABLADKAR, AGE: 36 YEARS, OCC: BUSINESS, R/O PRAGATI COLONY, SEDAM ROAD, DIST. KALABURAGI-585 104. …PETITIONER (BY SRI. AVINASH A. UPLAONKAR, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER OF POLICE, SOUTH SUB-DIVISION, KALABURAGI NAGAR, DIST. KALABURAGI-585 103. 2. THE POLICE INSPECTOR, RAGHAVENDRA NAGAR POLICE STATION, KALABURAGI, DIST. KALABURAGI-585 103. …RESPONDENTS (BY SRI. GOPALKRISHNA B. YADAV, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OR ORDER OF CERTIORARI BY QUASH THE IMPUGNED BEARING NO.38/ ROWDY SHEET/ SSD/ K.NA/ Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3651 WP No. 201368 of 2025 2023/990 BY ORDER DATED 02.08.2023, PASSED BY THE RESPONDENT NO.1 AS PER ANNEXURE-A. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) A rowdy sheet has been opened against the petitioner on 02.08.2023 on the ground that he has been involved in offences under Sections 341, 323, 326, 504, 506 R/w Section 149 of IPC. 2. The case of the petitioner is that, he is not guilty of the offences alleged and he has not involved in any instance, which warrants the rowdy sheet to be continued against him. On the said ground, it is prayed that the said order where rowdy sheet against the petitioner has been opened to be quashed. 3. Per Contra, learned High Court Government Pleader, upon instructions, submits that a complaint has - 3 - HC-KAR NC: 2025:KHC-K:3651 WP No. 201368 of 2025 been received against the petitioner for the offences mentioned in the paragraph supra and the criminal case is still pending. It is further submitted that because the petitioner indulged in anti social activities such as threatening law abiding citizens, a rowdy sheet has been opened against him and the police have kept him under surveillance in accordance with law. 4. However, the learned High Court Government Pleader admits that apart from the offences alleged as aforementioned, no untoward incident has been caused by the petitioner thereafter. 5. Rule 1057 of Karnataka Police Manual reads as under: “DISCONTINUANCE OF HISTORY SHEETS 1057. (1) History sheets should be closed under the definite orders of a Superior Police Officer and should be filed in the station. The history sheets of persons who have died should be destroyed under orders of a Superior Police Officer. - 4 - HC-KAR NC: 2025:KHC-K:3651 WP No. 201368 of 2025 The Superintendent may order the closure of a history sheet at any time but a Sub-Divisional Police Officer may only do so on the expiry of the period specified in Order 1054. (2) Where retention of a history sheet is considered necessary after two years of registration, orders of a Superior Police Officer must be taken for extension in the first instance up to the end of the next December and further annual extensions from January to December. (3) The above orders will apply to rowdy sheets also.” 6. Under the given peculiar facts and circumstances of the case, I am of the opinion that it is appropriate for the police to continue with the rowdy sheet till lapse of two years from 02.08.2023 i.e., till 01.08.2025. Thereafter, the petitioner does not indulge in any criminal activity, which warrants continuing the rowdy sheet opened against him, the State shall close the rowdy sheet. 7. Ordered accordingly. - 5 - HC-KAR NC: 2025:KHC-K:3651 WP No. 201368 of 2025 8. However, it is clarified that closing of the rowdy sheet against the petitioner does not mean that he will have to be acquitted in the criminal case pending against him or if he indulges in any activity, which warrants reopening of a rowdy sheet, the police can do so. 9. Writ petition stands disposed of accordingly. 10. In view of disposal of the writ petition, I.A.1/2025 does not survive for consideration and the same is accordingly dismissed. Sd/- (M.I.ARUN) JUDGE LG List No.: 1 Sl No.: 10