Karnataka High Court
Sri. Ramesh vs State Of Karnataka on 26 July, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2024:KHC:29653
WP No. 12617 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 12617 OF 2024 (GM-POLICE)
BETWEEN:
SRI. RAMESH,
S/O LATE SIDDAPPA,
AGED ABOUT 42 YEARS,
R/AT KANASWADI VILLAGE, MADHURE HOBLI,
DODDABALLAPURA TALUK
BANGALORE RURAL DISTRICT 561 203.
...PETITIONER
(BY SRI. MANJUNATH S HALAWAR.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
REP BY ITS SECRETARY,
DEPARTMENT OF HOME, VIDHANASOUDHA,
DR AMBEDKAR VEEDHI,
BANGALORE 560 001.
2. THE ASSISTANT COMMISSIONER
Digitally signed
CUM SUB DIVISIONAL MAGISTRATE,
by DODDABALLAPURA SUB DIVISION,
LEELAVATHI S DODDABALLAPURA,
R BANGALORE RURAL DISTRICT 562 103.
Location: HIGH
COURT OF
KARNATAKA 3. THE SUPERINTENDENT OF POLICE,
BANGALORE RURAL,
BANGALORE 560 052.
4. THE INSPECTOR OF POLICE,
DODDABALLAPURA TOWN POLICE STATION,
DEVANAHALLI HIGHWAY, DODDABALLAPURA,
BANGALORE RURAL DISTRICT 561 203.
...RESPONDENTS
(BY SRI.S T NAIK., AGA FOR R1-R4)
-2-
NC: 2024:KHC:29653
WP No. 12617 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH
IMPUGNED ORDER NO.M.A.G.S.R.54/2023 DTD 28.03.2024 PASSED
BY THE ASSISTANT COMMISSIONER CUM SUB-DIVISIONAL
MAGISTRATE, DODDABALLAPURA SUB-DIVISION,
DODDABALLAPURA, BANGALORE RURAL DISTRICT AND ISSUE
WRIT ORDER OR DIRECTION IN THE NATURE OF MANDAMUS,
DIRECTING RESPONDENT NO.1 TO 4 NOT TO INTERFERE IN THE
LAWFUL ACTIVITIES CARRIED BY THE PETITIONER.
THIS WRIT PETITION, COMING ON FOR ORDER, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, the petitioner seeks quashing of the impugned externment order at Annexure-A dated 28.03.2024, passed by the 2nd respondent under Section 55(a) and (b) of the Karnataka Police Act, 1963 (for short "the K.P. Act").
2. Heard learned counsel for the petitioner and learned AGA for the respondents and perused the material on record.
3. In addition to reiterating the various contentions urged in the memorandum of petition and referring to the material on record, learned counsel for the petitioner submits that the impugned order passed by the 2nd respondent directing externment of the petitioner is not only contrary to the provisions and procedure prescribed / contained in Sections 55 to 58 of the K.P.Act, but also -3- NC: 2024:KHC:29653 WP No. 12617 of 2024 against the principles governing externment as enunciated by the Apex Court in the case of Deepak vs. State of Maharashtra - 2022 SCC OnLine SC 99 which has been followed by this Court in the case of Giddappa Vs. Lambu Giddappa Vs. State of Karnataka and others - W.P.No.8182/2023 dated 21.04.2023 and in the case of Shakeeb @ Mohammed Shakeebullah vs. State of Karnataka & others - W.P.No.14426/2023 dated 28.11.2023. It is therefore submitted that the impugned order passed by the respondents deserves to be quashed.
4. Per contra, learned AGA for the respondents would support the impugned order and submits that there is no merit in the petition and the same is liable to be dismissed.
5. As rightly contended by the learned counsel for the petitioner, a perusal of the material on record including the impugned order will clearly indicate that the 2nd respondent has failed to follow the mandatory requirements and procedure prescribed under Sections 55 to 58 of the Karnataka Police Act, while passing the impugned order which is clearly contrary to the principles enunciated by the Apex Court and this Court in the judgments referred to supra. Under these circumstances, I am of -4- NC: 2024:KHC:29653 WP No. 12617 of 2024 the view that the impugned order passed by the 2nd respondent at Annexure-A dated 28.03.2024 deserves to be quashed.
6. In the result, I pass the following:
ORDER
(i) Petition is hereby allowed.
(ii) The impugned order dated 28.03.2024 at Annexure-A passed by the 2nd respondent is hereby quashed.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE BMC List No.: 5 Sl No.: 1