- 1 - NC: 2025:KHC-D:3807 WP No. 102015 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 102015 OF 2023 (GM-POLICE) BETWEEN: RAJANIKANT S/O. KASHAPPA BIJAWAD AGE. 47 YEARS, OCC. AGRICULTURE AND SOCIAL WORKER, R/O. NEAR T.K.HABIB MILLS, VEERAPUR ONI, HUBBALLI, DIST. DHARWAD-580001. …PETITIONER (BY SRI. V.M.SHEELVANT, SRI. S.H.MITTALKOD, SRI. VINAY S.KOUJALAGI AND SRI. M.L.VANTI AND SRI. ROHIT L.SHEELVANT, ADVOCATES) AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY DEPARTMENT OF HOME LAW AND ORDER, VIDHANSOUDHA, BENGALURU-01. 2. THE COMMISSIONER OF POLICE HUBLI-DHARWAD-580001. 3. DCP (LAW AND ORDER) AND SPECIAL EXECUTIVE MAGISTRATE, HUBBALLI-DHARWAD-580001. 4. PSI BENDIGERI POLICE STATION, HUBBALLI, DIST. DHARWAD-580001. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING THIS HON’BLE COURT) ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.03.01 12:14:33 +0530 - 2 - NC: 2025:KHC-D:3807 WP No. 102015 of 2023 DIRECTING THE RESPONDENTS TO REMOVE THE NAME OF THE PETITIONERS FROM THE ROWDY LIST IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner challenges the registration of his name in the list of rowdies under Order No.1059 of Karnataka Police Manual stating that five criminal cases have been registered against the petitioner. Out of five criminal cases which were registered, the petitioner contends that he has been acquitted in two criminal cases. The remaining three criminal cases are pending for trial. 2. The petitioner contends that the registration of his name in the list of rowdies does not satisfy the grounds enumerated under Order 1059 of Karnataka Police Manual. 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent No.1 – State. 4. A coordinate Bench of this Court in the case of Deva @ Devaraj @ Devadas Devaiah and others –vs- State of Karnataka and others – ILR 2000 KAR 491 has ruled that mere registration of criminal cases cannot be used as a weapon to enter the name of a person in rowdy list. The rowdy sheet against the petitioners therein are not opened on any of the grounds enumerated in Order No.1059 of the Manual. In the instant case, - 3 - NC: 2025:KHC-D:3807 WP No. 102015 of 2023 except that five criminal cases were registered, there is no ground mentioned as enumerated under Order 1059 of the Manual. 5. A coordinate Bench of this Court in WP No.4504/2021 and connected matters (DD 22.04. 2022), which dealt with the registration of names in the rowdy registers, has issued the following guidelines: 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 - 4 - NC: 2025:KHC-D:3807 WP No. 102015 of 2023 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. 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. - 5 - NC: 2025:KHC-D:3807 WP No. 102015 of 2023 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. The above guidelines require that the police review the cases every two years so as to continue or dis-continue the name of the person in the rowdy registers. 6.1. In the instant case, the petitioner has been acquitted in two criminal cases out of five criminal cases, and the continuation of his name is not reviewed every two years. Therefore, the continuation of the petitioner’s name in the rowdy register is contrary to the guidelines issued by this Court in WP No.4504/2021 and connected matters, and contrary to the decision of the coordinate Bench of this Court in the case of Devadas Devaiah (supra). 7. Accordingly, the petition is allowed. The impugned notices dated 9.6.2022, 16.6.2022 and 27.6.2022 respectively produced at Annexures-D to F are hereby quashed. 8. The respondents are hereby directed to delete the name of the petitioner from the rowdy list within one week from the date of receipt of certified copy of this order. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 1 Sl No.: 72