Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:27243 WP No. 18378 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 18378 OF 2025 (GM-POLICE) BETWEEN:
SRI. MARTIN. P S/O PREM KUMAR, AGED ABOUT 36 YEARS, R/A NO.425, 30TH CROSS, THILAK NAGAR, 4TH J BLOCK, JAYANAGAR, BANGALORE-560 041. …PETITIONER (BY SRI. VIRUPAKSHAIAH P.H, ADVOCATE) AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY, DEPARTMENT OF HOME AFFAIRS, VIDHANA SOUDHA, BANGALORE - 560 001.
2.
THE COMMISSIONER OF POLICE INFANTRY ROAD, BANGALORE 560 001.
3.
THE DEPUTY COMMISSIONER OF POLICE SOUTH EAST DIVISION, BANGALORE 560 004.
4.
THE ASSISTANT COMMISSIONER OF POLICE TILAK NAGAR, BANGALORE - 560 041.
Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:27243 WP No. 18378 of 2025
5.
THE INSPECTOR OF POLICE TILAK NAGAR POLICE STATION, BANGALORE - 560 041. …RESPONDENTS (BY SMT. YASHODHA K.P, ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION IN THE SIMILAR NATURE QUASHING THE ORDER DTD. 30.04.2024 BEARING NO. 44/CRM/SB/DCP(A.V)/2024 VIDE ANNX-F PASSED BY THE R-3 AUTHORITY HOLDING THE SAME IS ILLEGAL AND WITHOUT APPLICATION OF MIND AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
ORAL ORDER
1. The petitioner has called in question the correctness of order at Annexure-F whereby the rowdy sheet has been reopened insofar as the petitioner is concerned. Observing that thought petitioner was deleted from the list by order of the Authority on 07.10.2014, it was open to continuance of his name in the event of any another fresh criminal case.
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HC-KAR NC: 2025:KHC:27243 WP No. 18378 of 2025
2. It is pointed out that the last of the criminal cases against the petitioner in Crime No.92/2024 has been set aside as per the order in Crl.P.No.3268/2024 called with Crl.P.No.3325/2024.
3. It is further submitted that if the petitioner is sought to be included once again into rowdy sheet, though he has been deleted from the same at an earlier point of time, such action cannot be taken without a show cause notice to the petitioner.
4. Learned Additional Government Advocate submits that no show cause was issued to the petitioner before the
order at Annexure-F has been passed. Taking note of closure of proceedings as against the petitioner in Crime No.92/2024, it would have been appropriate for the respondent Authorities to have proceeded further only after issuing notice to the petitioner.
5. Learned Additional Government Advocate submits that no notice was issued to the petitioner in that regard before passing of the order on 30.04.2024. Accordingly
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HC-KAR NC: 2025:KHC:27243 WP No. 18378 of 2025
only on such ground that order at Annexure-F has been passed without hearing the petitioner.
6. The order at Annexure-F is set aside.
7. Needless to state the petitioner is to ensure good conduct and if circumstances warrant, it is open for the Authorities to take fresh steps. Accordingly, the petition is
disposed off.
8. In light of setting aside of order at Annexure-F respondent Authorities are to take expeditious steps to delete the name of the petitioner from the list.
Sd/- (S SUNIL DUTT YADAV) JUDGE
DHA List No.: 1 Sl No.: 11