Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 85705 (KAR)

SHRI ARJUN S/O GANGARAM VADDAR ALIAS MALLAPUR v. THE STATE OF KARNATAKA

WP/102824/2023 · 2025-12-08

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:17523 WP No. 102824 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 102824 OF 2023 (GM-POLICE) BETWEEN: SHRI ARJUN S/O GANGARAM VADDAR @ MALLAPUR, AGE. 37 YEARS, OCC. PRIVATE SERVICE, R/O. KUNMARKOPPA VILLAGE, TQ. ALNAVAR, DIST. DHARWAD 581103. …PETITIONER (BY SRI. HEMANTHKUMAR L. HAVARAGI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HOME, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU 560001. 2. THE DEPUTY COMMISSIONER DHARWAD, DIST DHARWAD PIN 580001. 3. THE ASSISTANT COMMISSIONER DHARWAD, DIST DHARWAD PIN 580001. 4. THE SUPERINTEDNENT OF POLICE DHARWAD DIST. DHARWAD PIN 580001. 5. THE DEPUTY SUPERINTEDENT OF POLICE SUB DIVISION DHARWAD, DHARWAD DIST DHARWAD PIN -580001. VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.12.11 16:18:09 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17523 WP No. 102824 of 2023 6. THE CIRCLE INSPECTOR OF POLICE GARAG POLICE CIRCLE, ALNAVAR POLICE STATION, ALNAVAR, DIST. DHARWAD. PIN 580001. 7. THE SUB INSPECTOR ODF POLICE ALNAVAR POLICE STATION, ALNAVAR, DIST. DHARWAD, PIN 580001. 8. THE TAHASHILDAR/EXECUTIVE MAGISTRATE ALNAVAR DIST. DHARWAD, PIN-580001. …RESPONDENTS (BY SRI.T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER BEARING NO.MAG/VA.HI/01/2023-24, DATED 24/04/2023, PASSED BY THE RESPONDENT NO.3, VIDE ANNEXURE-J AND ETC., THIS WRIT 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: a. “A writ in the nature of certiorari to quash the impugned order bearing No.MAG/va.hi/01/2023-24, dated 24/04/2023, passed by the respondent no.3, Vide Annexure-J. b. A writ in the nature of mandamus directing to the respondent No.3 to consider the representation dated 25/04/2023, submitted by the petitioner, Vide Annexure-K. - 3 - HC-KAR NC: 2025:KHC-D:17523 WP No. 102824 of 2023 c. Issue any other writ or direction, which this Hon’ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity.” 2. The petitioner is before this Court on the ground that his name has been entered in the rowdy-sheet maintained at the 7th respondent–Police Station. 3. The petitioner is said to have submitted a representation to the respondents seeking deletion of his name from the rowdy-sheet. It is submitted that he has been acquitted in most of the cases registered against him, except one. 4. The learned AGA submits that the petitioner’s representation would be considered in accordance with law and that appropriate orders would be passed thereon. 5. In that light, I deem it appropriate to dispose the subject petition directing the respondent No.3 to pass necessary orders on the representation with regard to deletion of the name of the petitioner from the list of rowdies maintained before the respondent No.4 Police Station, bearing in mind the observations made by the Co-ordinate Bench in B.S. Prakash vs. State of Karnataka and others in W.P. No.4504 of 2021 disposed of on - 4 - HC-KAR NC: 2025:KHC-D:17523 WP No. 102824 of 2023 22.04.2022. The guidelines laid down in the said order 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. 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. - 5 - HC-KAR NC: 2025:KHC-D:17523 WP No. 102824 of 2023 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. 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 - HC-KAR NC: 2025:KHC-D:17523 WP No. 102824 of 2023 6. In the light of the said submission, I deem it appropriate to dispose the subject petition directing consideration of the representation of the petitioner strictly in consonance with the observations made by the Co-ordinate Bench in the judgment quoted (supra), within twelve weeks from the date of receipt of the copy of this order, if not earlier. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE AC CT:ANB List No.: 2 Sl No.: 32