Karnataka High Court
Sri Basha @ Ruban vs The State Of Karnataka on 29 March, 2023
Bench: K.Natarajan
-1-
CRL.P No. 2350 of 2023
C/W CRL.P No. 2220 of 2023
CRL.P No. 2397 of 2023
CRL.P No. 2430 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 2350 OF 2023
C/W
CRIMINAL PETITION NOS. 2220/2023, 2397/2023 &
2430/2023
IN CRL.P NO. 2350/2023
BETWEEN:
SRI CAPTAIN @ PRABHAKAR,
S/O SRI STANLEY,
AGED ABOUT 27 YEARS,
R/AT LOORDU NAGAR,
ANDERSONPET POST,
KOLAR GOLD FIELDS-563 113
Digitally
signed by ...PETITIONER
CHAITHRA
(BY SMT. NALINI J, ADVOCATE)
A
Location: AND:
High Court
of Karnataka
1. THE STATE OF KARNATAKA
BY SUB DIVISIONAL MAGISTRATE,
KOLAR SUB DIVISION, KOLAR,
REP BY SPP HIGH COURT BUILDING,
BENGALURU-560001
2. THE SUPERINTENDENT OF POLICE
CHAMPION REEF,
KOLAR GOLD FIELDS-563117
-2-
CRL.P No. 2350 of 2023
C/W CRL.P No. 2220 of 2023
CRL.P No. 2397 of 2023
CRL.P No. 2430 of 2023
REP BY SPP HIGH COURT BUILDING,
BENGALURU-560001
...RESPONDENTS
(BY SRI B J ROHITH, HCGP FOR RESPONDENT NO.1 - STATE)
THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE
FOR THE PETITIONER PRAYING THAT THIS HONOURABLE
COURT MAY BE PLEASED TO QUASH THE ORDER NO.
MAG/CR/77/2021-22 DATED 10.02.2023 PASSED BY THE
LEARNED FIRST RESPONDENT SUB DIVISIONAL MAGISTRATE
KOLAR SUB DIVISION, KOLAR.
IN CRL.P NO. 2220/2023
BETWEEN:
1 . SRI STANLEY @ SANDLEY
S/O. LATE SRI DORAISWAMY
AGED ABOUT 56 YEARS,
R/AT LOORDU NAGAR,
ANDERSONPET POST,
KOLAR GOLD FIELDS 563 113
...PETITIONER
(BY SMT.NALINI J, ADVOCATE)
AND
1 . STATE OF KARNATAKA
BY SUB DIVISIONAL MAGISTRATE,
KOLAR SUB DIVISION, KOLAR,
-3-
CRL.P No. 2350 of 2023
C/W CRL.P No. 2220 of 2023
CRL.P No. 2397 of 2023
CRL.P No. 2430 of 2023
REP BY SPP HIGH COURT BUILDING,
BENGALURU-560001
2 . THE SUPERINTENDENT OF POLICE,
CHAMPION REEF,
KOLAR GOLD FIELDS-563 117
REP BY SPP HIGH COURT BUILDING,
BENGALURU 560001
...RESPONDENTS
(BY SRI B J ROHITH, HCGP FOR RESPONDENT NO.1 -STATE)
THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE
FOR THE PETITIONER PRAYING THAT THIS HONBLE COURT
MAY BE PLEASED TO ALLOW THIS CRIMINAL PETITION BY
QUASHING THE ORDER NO. MAG/CR/76/2021-22 DATED
10.02.2023 PASSED BY THE LEARNED FIRST RESPONDENT
SUB-DIVISIONAL MAGISTRATE KOLAR.
IN CRL.P NO. 2397/2023
BETWEEN
SRI BASHA @ RUBAN,
S/O SRI STANLEY,
AGED ABOUT 28 YEARS,
R/AT: LOORDU NAGAR,
ANDERSONPET POST
KOLAR GOLD FIELDS-563113
...PETITIONER
(BY SMT. NALINI J, ADVOCATE)
-4-
CRL.P No. 2350 of 2023
C/W CRL.P No. 2220 of 2023
CRL.P No. 2397 of 2023
CRL.P No. 2430 of 2023
AND
1 . THE STATE OF KARNATAKA
BY SUB DIVISIONAL MAGISTRATE,
KOLAR SUB DIVISION, KOLAR,
REP BY SPP HIGH COURT BUILDING,
BENGALURU-560001
2 . THE SUPERINTENDENT O POLICE,
CHAMPION REEF,
KOLAR GOLD FIELDS-563117
REP BY SPP HIGH COURT BUILDING,
BENGALURU-560001
...RESPONDENTS
(BY SRI B J ROHITH, HCGP FOR RESPONDENT NO.1 -STATE)
THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE
FOR THE PETITIONER PRAYING THAT THIS HONOURABLE
COURT MAY BE PLEASED TO QUASH THE ORDER
NO.MAG/CR/78/2021-22 DATED 10.02.2023 PASSED BY THE
1ST RESPONDENT.
IN CRL.P NO.2430/2023
BETWEEN
SRI DORAI @ LENIN,
S/O SRI STANLEY,
AGED ABOUT 32 YEARS,
R/AT: LOORDU NAGAR,
-5-
CRL.P No. 2350 of 2023
C/W CRL.P No. 2220 of 2023
CRL.P No. 2397 of 2023
CRL.P No. 2430 of 2023
ANDERSONPET POST,
KOLAR GOLD FIELDS 563113.
...PETITIONER
(BY SMT. NALINI J, ADVOCATE)
AND
1 . THE STATE OF KARNATAKA
BY SUB DIVISIONAL MAGISTRATE,
KOLAR SUB DIVISION, KOLAR
REP. BY SPP HIGH COURT BUILDING,
BENGALURU-560001.
2 . THE SUPERINTENDENT OF POLICE
CHAMPION REEF,
KOLAR GOLD FIELDS 563117.
REP. BY SPP HIGH COURT BUILDING,
BENGALURU-50001.
...RESPONDENTS
(BY SRI B J ROHITH, HCGP FOR RESPONDENT NO.1 - STATE)
THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE
FOR THE PETITIONER PRAYING THAT THIS HONOURABLE
COURT MAY BE PLEASED TO QUASHING THE ORDER NO. MAG/
CR/ 80 / 2021-22 DATED 10.02.2023 PASSED BY THE
LEARNED FIRST RESPONDENT, SUB DIVISIONAL OFFICER AND
SUB DIVISSIONAL MAGISTRATE KOLAR SUB DIVISION AND TO
PASS SUCH OTHER ORDER THAT THIS HONBLE COURT DEEMS
FIT IN THE CIRCUMSTANCES.
-6-
CRL.P No. 2350 of 2023
C/W CRL.P No. 2220 of 2023
CRL.P No. 2397 of 2023
CRL.P No. 2430 of 2023
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard learned counsel for the petitioners and
learned HCGP for respondent No.1 - State.
2. Learned counsel for the petitioners submits
that these petitions under Section 482 of Cr.P.C is
maintainable as per the order passed by the Co-ordinate
Bench of this Court in the case of ANBADAS AND
OTHERS VS. STATE OF KARNATAKA AND OTHERS
reported in ILR 1987 KAR 1481 and also the order
passed by the Co-ordinate Bench of this Court in the case
of ABID PASHA @ BAYYA @ IRAHIM @ USMAN in
W.P.NO.13471/2018 (GM-POLICE) dated 28.03.2018
has granted interim stay of the operation of the order
under challenge and contended that these petitions are
maintainable.
CRL.P No. 2350 of 2023
C/W CRL.P No. 2220 of 2023
CRL.P No. 2397 of 2023
CRL.P No. 2430 of 2023
3. Per contra, the learned HCGP has raised
objection and contended that these petitions are not
maintainable as these petitioners are required to file an
appeal under Section 59 of the Karnataka Police Act, 1963
(for short 'KP Act').
4. This Court in the case of MR.BABA @
ABUSHAMA VS. STATE OF KARNATAKA AND OTHERS
passed in W.P.NO.25693/2022 has also held that these
petitions are not maintainable as there is an alternative
remedy available before the Appellate Authority under
Section 59 of the KP Act.
5. Considering the facts and circumstances of the
case and learned counsel for the petitioners submits that
the petitioners and the entire family members and their
five sons were externed for a period of one year from KGF
and stay in Tumakuru City by the Authority, which is
under challenge.
CRL.P No. 2350 of 2023
C/W CRL.P No. 2220 of 2023
CRL.P No. 2397 of 2023
CRL.P No. 2430 of 2023
6. Considering the facts and circumstances of the
case and judgment passed by the Co-ordinate Bench of
this Court in the case of ABID PASHA @ BAYYA @
IRAHIM @ USMAN in W.P.No.13471/2018 and the
judgment passed by this Court in the case of ANBADAS
AND OTHERS VS. STATE OF KARNATAKA AND
OTHERS reported in ILR 1987 KAR 1481, these
petitions are not maintainable and the petitioners are
required to file an appeal before the Appellate Authority
under Section 59 of the KP Act.
7. However, the Co-ordinate Bench of this Court
has given interim protection to the parties. Until the
petitioners approach before the Appellate Authority, the
respondents have directed not to implement the order
until disposal of the appeal by the Appellate Authority.
8. In view of the entire family has been externed
by the impunged order passed by the Sub-Divisional
Magistrate, Kolar Sub Division, Kolar by invoking under
CRL.P No. 2350 of 2023
C/W CRL.P No. 2220 of 2023
CRL.P No. 2397 of 2023
CRL.P No. 2430 of 2023
Section 482 of Cr.P.C, it is deemed to give interim
protection to the petitioners until disposal of the appeal by
the Appellate Authority under Section 59 of the KP Act.
9. Accordingly, these petitions are disposed off
as not maintainable with a liberty to approach the
Appellate Authority. The interim protection is given to the
petitioners until disposal of the appeal filed under Section
59 of the KP Act.
The petitioners shall approach the Appellate Court
within 10 days from today and they shall appear before
the Appellate Court on every date of hearing until disposal
of the appeal.
Sd/-
JUDGE
NBM
