Karnataka High Court
Sayed Sohel Banadar vs The State Of Karnataka on 3 July, 2024
-1-
NC: 2024:KHC-D:9062
WP No. 102699 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 3RD DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 102699 OF 2024 (GM-POLICE)
BETWEEN:
SAYED SOHEL BANADAR,
S/O. SAYED ZAKIR BANADAR,
AGED ABOUT 21 YEARS,
OCC: HELPER CUM SERVER,
R/O. JAMADAR GALLI, JAKANI BHAVI ROAD,
DHARWAD-580001.
...PETITIONER
(BY SRI. KIRAN M. GOLI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HOME, VIDHAN SOUDHA,
BANGALORE-560001.
2. DEPUTY COMMISSIONER OF POLICE (LAW)
HUBBALI-DHARWAD DIVISION,
NAVANAGAR, P.B. ROAD,
DHARWAD-580001.
ASHPAK
KASHIMSA
MALAGALADINNI 3. CIRCLE INSPECTOR,
DHARWAD CIRCLE,
Location: HIGH
COURT OF TOWN POLICE STATION,
KARNATAKA,
DHARWAD
BENCH
DHARWAD-580001.
4. CIRCLE INSPECTOR,
DHARWAD VIDYAGIRI CIRCLE,
VIDYAGIRI POLICE STATION,
VIDYAGIRI, DHARWAD-580007.
...RESPONDENTS
(BY SRI. V.S. KALASURMATH, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF
CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR
DIRECTION TO QUASH THE IMPUGNED ORDER DATED 20-04-2024
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NC: 2024:KHC-D:9062
WP No. 102699 of 2024
PASSED IN CASE BEARING CHP/VIKADA/COP/HU-
DHA/GADIPARU/18/2024 DT. 15-04-2024 BY THE RESPONDENT NO.
2 UNDER SECTION 55 OF THE KARNATAKA POLICE ACT, 1963
AGAINST THE PETITIONER IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Captioned petition is filed assailing the validity and legality of externment order dated 20.04.2024 issued by respondent No.2 as per Annexure-C.
2. Heard the learned counsel for petitioner and the learned HCGP.
3. The short point that needs consideration is, as to whether the impugned externment order is sustainable, as there is clear infraction, which is evident from the impugned order.
4. Admittedly, the impugned externment order is passed without serving a copy of the report of the police inspector, based on which the impugned externment order is passed. The issue on this point is no more res integra and the same is dealt by two Co-ordinate Benches of this -3- NC: 2024:KHC-D:9062 WP No. 102699 of 2024 Court. On two instances, the Co-ordinate Bench, in reported judgments, have taken a view that if show-cause notice though issued is not accompanied with report of the police inspector based on which externment order is passed, the order of externment stands vitiated only on account of procedural irregularities.
5. In the present case, the impugned externment order is passed on an apprehension that the petitioner is likely to create disturbance on the eve of parliamentary elections. The order under challenge does not substantiate on what materials, this impugned externment order is passed. In the present case on hand, there is a clear procedural irregularity as the show-cause notice is not accompanied with the police report. In the light of law laid down by Co-ordinate Bench of this Court, rendered in the case of Madhusudhan v. State of Karnataka1 and in the 1 AIRONLINE 2023 KAR 168 -4- NC: 2024:KHC-D:9062 WP No. 102699 of 2024 case of Nazir Khan v. State of Karnataka2 the impugned order of externment is liable to be quashed.
6. For the foregoing reasons, this Court passes the following:
ORDER
i) The writ petition is allowed.
ii) The impugned order of externment dated 20.04.2024 passed by respondent No.2 vide Annexure-C is hereby quashed.
Sd/-
JUDGE MBS Ct-mck List No.: 1 Sl No.: 19 2 AIRONLINE 2023 KAR 2079