Sri. Athiqe Kureshi vs State Of Karnataka
2023 Latest Caselaw 9077 Kant

Karnataka High Court

Sri. Athiqe Kureshi vs State Of Karnataka on 1 December, 2023

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

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                                                        NC: 2023:KHC:43362
                                                      WP No. 21816 of 2023




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 1ST DAY OF DECEMBER, 2023

                                          BEFORE

                        THE HON'BLE MR JUSTICE M.NAGAPRASANNA

                       WRIT PETITION NO. 21816 OF 2023 (GM-POLICE)

                 BETWEEN:

                 1.    SRI. ATHIQE KURESHI
                       S/O ABDUL KALIL KURESHI,
                       AGED ABOUT 48 YEARS,
                       R/AT BILAL MUSGID ROAD,
                       KUSHALNAGARA EXTENSION,
                       SAKALESHPURA TALUK,
                       HASSAN DISTRICT-573201.
                                                              ...PETITIONER
                              (BY SRI. SATHISHA D.J., ADVOCATE)
                 AND:

                 1.    STATE OF KARNATAKA
                       REPRESENTED BY SECRETARY,
Digitally signed       DEPARTMENT OF HOME
by PADMAVATHI          VIDHANA SOUDHA,
BK
                       BANGALORE-560001.
Location: HIGH
COURT OF
KARNATAKA        2.    THE DEPUTY COMMISSIONER
                       CUM DISTRICT MAGISTRATE,
                       HASSAN DISTRICT,
                       HASSAN-573201

                 3.    THE SUPERINTENDENT POLICE
                       HASSAN DISTRICT,
                       HASSAN-573201

                 4.    THE POLICE INSPECTOR
                       SAKALESHPURA POLICE STATION,
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                                                    NC: 2023:KHC:43362
                                              WP No. 21816 of 2023




    SAKALESHPURA TOWN-573134
    SAKALESHPURA
                                                       ...RESPONDENTS

                (BY SRI PRADEEP.C.S, AAG A/W.
                  SRI MANJUNATH.K, HCGP )

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER AT ANNEXURE-B DATED 07.09.2023 CASE IN MAG
No.201/2023-24 PASSED BY THE 2ND RESPONDENT. I.E., THE
DEPUTY COMMISSIONER COM DISTRICT MAGISTRATE AND
ETC.

     THIS PETITION COMING ON FOR FRESH MATTERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
                               ORDER

The petitioner calls in question an order dated

07.09.2023 passed by the second respondent-Deputy

Commissioner by which the petitioner was externed from

Hassan to Kalaburagi for a period of three months. This Court

on 17.11.2023 had passed the following order:

"The petitioner is before this Court calling in question an order dated 07.09.2023, which externs the petitioner from Hassan to Kalaburagi.

The learned counsel appearing for the petitioner submits that the issue in the lis stands covered by plethora of judgments rendered by the Co-ordinate Benches and that of this Court in W.P.No.392/2023 disposed on 21.03.2023 inasmuch as, the report that is against the petitioner is not even furnished to him, while issuing a show cause notice seeking to show cause

NC: 2023:KHC:43362

as to why the petitioner should not be externed from Hassan to Kalaburagi.

In the light of the issue standing answered pending final decision, there shall be an interim order of stay, as prayed for till the next date of hearing.

List this matter on 01.12.2023".

2. As on today, the period of three months is over and

the petition is rendered infructuous by efflux of time.

Therefore, the petition is dismissed as having become

infructuous. However, liberty is reserved to the petitioner to

knock at the doors of the appropriate forum, if the need arises

in future.

Sd/-

JUDGE

ST