SHANKAR S/O GOPALAIAH Vs. THE DEPUTY COMMISSIONER OF POLICE, SOUTH-EAST DIVISION KORAMANGALA, BANGALORE - 25, THE ASSISTANT COMMISSIONER OF POLICE, MICO LAYOUT SUB-DIVISION, BANGALORE - 20 AND THE POLICE INSPECTOR, TILAK NAGAR POLICE STATION, BA

JUDGEMENT

(1.) IN these writ petitions, petitioner is challenging the order dated 18.06.2011 passed by the 2nd respondent -the Assistant Commissioner of Police, Mico Layout Sub -Division, Bangalore, vide Annexure -D, thereby permitting to open a rowdy sheet, against the petitioner as provided under the Karnataka Police Manual.

(2.) IT is the case of the petitioner that he is a businessman and has been associated with some political parties. Assertions made in the writ: petition disclose that the 3rd respondent -Police Inspector. Tilak Nagar Police Station, Bangalore had threatened the petitioner stating that a rowdy sheet would be opened against him. In this connection, petitioner had made representation dated 01.08.2011 to the higher authority - the Assistant Commissioner of Police, bringing to his notice the relevant factors leading to the threat held out to the petitioner by the police inspector at the instance of one Shanmuka. A copy of this representation is produced at Annexure -J. It is the case of the petitioner that in view of the said complaint lodged by the petitioner at the instance of Shanmuka the Authorities have now passed the impugned order at Annexure -D on 18.06.2011 to open rowdy sheet, which is illegal and arbitrary and violative of the rights contained under Article 21 of the Constitution of India.

(3.) LEARNED Government: Pleader submits on instructions that C.C.No.9651/2011 was disposed of after the same was got advanced and on account of the complaint turning hostile due to a compromise arrived at between the accused and the complainant the case ended in acquittal and therefore the respondent -police were unaware of the passing of the judgment by the learned Magistrate. It is his further contention that: the first ground which is also made the basis for opening the rowdy sheet as per the impugned order, Annexure -D clearly shows that the petitioner was a threat to the law and order and therefore there was sufficient material to the authorities to proceed on that basis.