Sri Ajith @ Milindar vs The State Of Karnataka
2023 Latest Caselaw 2341 Kant

                                              -1-
                                                         CRL.P No. 2268 of 2023
                                                                           C/W
                                                           CRL.P.NO.2378/2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 21ST DAY OF APRIL, 2023

                                            BEFORE
                            THE HON'BLE MR JUSTICE K.NATARAJAN
                             CRIMINAL PETITION NO. 2268 OF 2023
                                             C/W
                             CRIMINAL PEITITON NO.2378 OF 2023
                   IN CRL.P NO.2268/2023

                   BETWEEN:

                   SRI. AJITH @ MILINDAR,
                   S/O. SRI. STANDLEY,
                   AGED ABOUT 26 YEARS,
                   R/AT: LOORDU NAGAR,
                   ANDERSONPET POST, KOLAR DISTRICT,
                   KOLAR GOLD FIELDS - 563 113.

                                                                  ...PETITIONER

                   (BY SRI. NALINI. J, ADVOCATE)
Digitally signed
by SHOBHA C
Location: High     AND:
Court of
Karnataka

                   1.    THE STATE OF KARNATAKA,
                         BY SUB DIVISIONAL MAGISTRATE,
                         KOLAR SUB DIVISION,
                         KOLAR,
                         REPRESENTED BY SPP,
                         HIGH COURT BUILDING,
                         BENGALURU - 560 001.

                   2.    THE SUPERINTENDENT OF POLICE,
                         CHAMPION REEF,
                         KOLAR GOLD FIELDS- 563 117.
                         REPRESENTED BY SPP,
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                                      CRL.P No. 2268 of 2023
                                                        C/W
                                        CRL.P.NO.2378/2023



     HIGH COURT BUILDING,
     BENGALURU - 560 001.

                                             ...RESPONDENTS

(BY SRI. MAHESH SHETTY, HCGP FOR R1 AND R2)

       THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
QUASHING     THE   ORDER   NO.    MAG/CR/79/2021-22    DATED
10.02.2023   PASSED   BY   THE    LEARNED   SUB    DIVISIONAL
MAGISTRATE KOLAR.

IN CRL.P NO.2378/2023

BETWEEN:

SRI. SANJAY RAJENDRAN,
S/O SRI. STANLEY,
AGED ABOUT 20 YEARS,
R/AY: LOORDU NAGAR,
ANDERSONPET POST,
KOLAR GOLD FIELDS - 563 113.

                                                  ...PETITIONER

(BY SRI. NALINI. J, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA,
     BY SUB DIVISIONAL MAGISTRATE,
     KOLAR SUB DIVISION,
     KOLAR,
     REPRESENTED BY SPP,
     HIGH COURT BUILDING,
     BENGALURU - 560 001.

2.   THE SUPERINTENDENT OF POLICE,
     CHAMPION REEF,
     KOLAR GOLD FIELDS- 563 117.
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                                                  CRL.P No. 2268 of 2023
                                                                    C/W
                                                    CRL.P.NO.2378/2023



    REPRESENTED BY SPP,
    HIGH COURT BUILDING,
    BENGALURU - 560 001.

                                                             ...RESPONDENTS

(BY SRI. MAHESH SHETTY, HCGP FOR R1 AND R2)

     THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
QUASHING THE ORDER NO. MAG/CR/79/2021-22 DATED
10.02.2023 PASSED BY THE LEARNED SUB DIVISIONAL
MAGISTRATE KOLAR.

     THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
                                  ORDER

Crl.P.No.2268/2023 is filed by the petitioner

accused/Ajith @ Milindar under Section 482 of Cr.P.C for

setting aside the order passed by the Sub-Divisional Magistrate,

Kolar Sub-Division, passed on 10.02.2023 in

No.MAG/CR/79/2021-22.

Crl.P.No.2378/2023 is filed by Sanjay @ Rajendran under

Section 482 of Cr.P.C for setting aside the order passed by the

Sub-divisional Magistrate, Kolar Sub-Division, passed on

10.02.2023 in MAG/CR/75/2021-22.

2. The learned High Court Government Pleader

submits that the order under challenge is appealable under

Section 59 of the Karnataka Police Act.

CRL.P No. 2268 of 2023 C/W CRL.P.NO.2378/2023

3. The learned counsel for the petitioners produced

before the Court, the order passed by this Court in

Crl.P.No.2350/2023 and other connected matters, dated

29.03.2023, dismissing the petitions with liberty to approach

the appellate Court within 10 days from the date of the order

and given interim protection.

4. In view of the Court closing for the ensuing

Summer Vacation-2023 and today is the last working day, in

view of the judgment in the case of ANBADAS AND OTHERS

VS. STATE OF KARNATAKA AND OTHERS reported in ILR

1987 KAR 1481 and in the case of ABID PASHA @ BAYYA @

IRAHIM @ USMAN IN WP.No.13471/2018, wherein the Co-

ordinate bench of this Court has granted opportunity to

approach the Appellate Authority as an alternative remedy

under Section 59 of the Karnataka Police Act. Interim

protection was granted to the accused persons and stayed the

operation of the impugned order until disposal of the appeal by

the Appellate Authority.

5. Considering the fact and circumstances of the

same, the petitioners who are also said to be residents of KGF

CRL.P No. 2268 of 2023 C/W CRL.P.NO.2378/2023

and the Sub-Divisional Magistrate has passed the order of

externment to be placed at Tumkur, the order is appealable

under Section 59 of the Karnataka Police Act. However, in view

of the earlier judgment of Co-ordinate Bench of this Court and

until disposal of the appeal, the interim relief shall extended to

them for 15 days for approaching the Appellate Authority.

6. Both the petitions are disposed of with liberty to

approach the Appellate Authority under Section 59 of the Act.

Until the order of externment is passed by the Sub-Divisional

Magistrate, in both the cases are stayed. Until passing of order

by the appellate authority.

Sd/-

JUDGE

PK