SUSHIL ALIAS SUSHILKUMAR S/O MOHAN RAMADURGA v. THE STATE OF KARNATAKA
WP/109191/2025 · 2025-12-03
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 61849 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61849 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:17212 WP No. 109191 of 2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 109191 OF 2025 (GM-POLICE) BETWEEN:
SUSHIL @ SUSHILKUMAR S/O. MOHAN RAMADURGA, AGE. 28 YEARS, OCC. STUDENT, R/O. SAIDAPUR ONI, DHARWAD, TQ. DIST. DHARWAD – 580 008. …PETITIONER (BY SRI. I. Y. PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA, HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU – 560 001. 2. THE DEPUTY COMMISSIONER OF POLICE, LAW AND ORDER, SPL. SUB DIVISIONAL MAGISTRATE, HUBBALLI, DHARWAD. 3. THE POLICE INSPECTOR, SUB URBAN POLICE STATION, DHARWAD 580 001. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS TO THE RESPONDENT NO.3 TO CONSIDER THE REPRESENTATION DATED 19.11.2025 VIDE ANNEXURE-J OR. AND ISSUE DIRECTION TO THE RESPONDENT NO.3 TO REMOVE NAME OF PETITIONER FROM ROWDY SHEET LIST WHICH IS MAINTAINED BY THE RESPONDENT NO.3 AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:17212 WP No. 109191 of 2025
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court seeking the following prayer:
A. Issue a writ of mandamus to the respondent no.3 to consider the representation dated 19.11.2025 vide Annexure-J or. B. Issue direction to the respondent no.3 to remove name of petitioner from “Rowdy sheet” list which is maintained by the respondent No.3. 2. The petitioner is before the Court on the score that his name has been drawn into the list of rowdies in the register maintained before the respondent No.3 Police Station. Learned counsel for the petitioner, taking this Court through the documents appended to the petition would seek to submit that the only case pending against the petitioner in which the Police have filed a ‘B’ report and the said ‘B’ report has become final. 3. In that light, the petitioner submitted a representation for deletion of his name from the list of rowdies in the registry maintained by the respondent No.3. In the light of it not being considered the petitioner is before the Court.
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HC-KAR NC: 2025:KHC-D:17212 WP No. 109191 of 2025
4. The learned AGA submits that in accordance with law orders would be passed, if reasonable time is granted. 5. In view of the said submission, I deem it appropriate to dispose the petition with a direction to the respondent No.2 to consider the representation seeking deletion bearing in mind the law as declared by the Coordinate Bench of this Court in the case of B.S.PRAKASH VS. STATE OF KARNATAKA
AND OTHERS in W.P.No.4504/2021 disposed on 22.04.2022. The guidelines laid down read as follows:
“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. - 4 -
HC-KAR NC: 2025:KHC-D:17212 WP No. 109191 of 2025
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 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
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HC-KAR NC: 2025:KHC-D:17212 WP No. 109191 of 2025
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. - 6 -
HC-KAR NC: 2025:KHC-D:17212 WP No. 109191 of 2025
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. In that light, the representation of the petitioner shall merit consideration, the petition stands disposed. Compliance shall be done within 12 weeks from the date of receipt of the copy of the order, if not earlier. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE
RHR/CT-ASC List No.: 1 Sl No.: 95