- 1 - NC: 2025:KHC-D:2476 WP No. 100353 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100353 OF 2025 (GM-POLICE) BETWEEN: IMTIYAZ AHAMED BHADKALI C/O: NOORMOHAMMED BHADKALI, AGE: 44 YEARS, OCCUPATION: BUSINESS, R/O: H. NO. 713/A, 5TH CROSS, NEAR FATEH MASJID, SHREE NAGAR, BELAGAVI- 590016. …PETITIONER (BY SRI. ANWARALI D. NADAF, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY HOME DEPT, VIDHAN SOUDHA, BENGALURU- 560001. 2. STATION HOUSE OFFICER, MALMARUTI PS, BELAGAVI, BELAGAVI- 590001. 3. DEPUTY COMMISSIONER OF POLICE (LANDO) BEHIND LINGRAJ COLLEGE, COLLEGE ROAD, BELAGAVI- 590001. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA) Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:2476 WP No. 100353 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, FOR THE REASONS STATED ABOVE THE PETITIONER MOST HUMBLY PRAY BEFORE THIS HON’BLE COURT TO ISSUE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT AND DIRECT THE RESPONDENTS TO REMOVE/ DELETE NAME OF THE PETITIONER FROM THE ROWDY SHEETER AND MODUS OPERANDI BUREAU INSERTED BY THE RESPONDENTS. AMONGST THE OTHER GROUNDS AT THE TIME OF HEARING AND GROUNDS RELIED IN THE AVERMENT MAY BE CONSIDERED AS THE PART OF THIS PETITION. GRANT SUCH OTHER RELIEF AS THIS HON’BLE COURT DEEMS FIT AND NECESSARY, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: “To issue writ of mandamus or any other appropriate writ and direct to the respondents to remove/ delete name of the petitioner from the rowdy sheeter and modus operandi bureau inserted by the respondents. Amongst the other grounds at the time of hearing and grounds relied in the averment, may be considered as the part of this petition.” - 3 - NC: 2025:KHC-D:2476 WP No. 100353 of 2025 2. Heard the learned counsel Sri. Anwarali D. Nadaf for the petitioner and the learned AGA Sri.Sharad V.Magadum for the respondent-State. 3. Facts in brief germane are as follows: The name of the petitioner is said to have been drawn into the list of rowdies maintained in the second respondent-Malmaruti Police Station, Belagavi. The petitioner submits a representation seeking deletion of his name on the score that after 2004 there has not been a single instance where the petitioner has been embroiled in a crime for the continuance of the name of the petitioner in the list of rowdies. The non-consideration of the said representation has driven the petitioner to this Court in the subject petition. 4. The learned AGA would submit that the representation of the petitioner would be considered in accordance with law and appropriate orders would be passed. A Coordinate Bench of this Court in the case of B S Prakash Vs. the State of Karnataka, - 4 - NC: 2025:KHC-D:2476 WP No. 100353 of 2025 W.P.No.4504/2021, which is disposed on 22.04.2022, wherein the Coordinate Bench of this Court has laid down the following guidelines for drawal and removal of the name of citizens in the list of rowdies: “GUIDELINES FOR ROWDY/HISTORY SHEETING: i. Before entering the name of an individual to the Register of Rowdies, the jurisdictional police shall collect and collate the material information concerning him and frame the proposal for registration on that basis. ii. A brief proposal notice shall be sent to the individual concerned in a sealed cover with an option to submit his representation within two weeks as to why his name should not be registered as a rowdy. However, there is no need to afford a personal hearing. In exceptional cases notice may be dispensed with for reasons to be recorded in the Register of Rowdies. iii. In terms of Clause (5), Order 1059 of the Manual, the Superintendent of Police or the Sub – Divisional Police Officer shall not accord approval for entering the name of individual concerned to the Register of Rowdies without calling for records and objectively considering the same. He shall briefly record his reasons for according the approval and mark a copy thereof to the individual forthwith, with a mention that he may petition the Police Complaints Authority, against the same. iv. The jurisdictional Police shall compulsorily once in two years, undertake a periodic review of entries 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 - 5 - NC: 2025:KHC-D:2476 WP No. 100353 of 2025 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. viii. The violation of these guidelines shall constitute a major misconduct and an adverse entry on proof thereof shall be made by the Disciplinary Authority in the Service Register of the erring official after hearing him and a copy thereof shall be marked to the victim of Rowdy Register/History Sheet, without brooking any delay. ix. Whatever guidelines herein above laid down shall be applicable to the case of History Sheeters as well, mutatis mutandis and subject to the provisions of Karnataka Police Manual, 1965.” - 6 - NC: 2025:KHC-D:2476 WP No. 100353 of 2025 5. The State shall now consider the representation of the petitioner in consonance with what the Coordinate Bench has held as afore-quoted. The representation shall merit consideration within 3 months from the date of receipt of the copy of the order, if not earlier, and a decision taken shall be communicated to the petitioner. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE KGK List No.: 1 Sl No.: 31