Karnataka High Court
Sri Hemanth Kumar H S vs State Of Karnataka on 19 April, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2024:KHC:15435
WP No. 10196 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 10196 OF 2024 (GM-POLICE)
BETWEEN:
SRI. HEMANTH KUMAR H.S.,
S/O SUBBEGOWDA H.,
AGED ABOUT 34 YEARS,
R/AT NO.243,
HUSKUR COLONY BUS STOP,
HUSKUR, BENGALURU RURAL DISTRICT,
BENGALURU - 562 123.
...PETITIONER
(BY SMT. SHRIDEVI BHOSALE, ADVOCATE)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF HOME,
Digitally signed VIDHANA SOUDHA,
by NAGAVENI
BANGALORE - 560 001,
Location: HIGH
COURT OF REP. BY SECRETARY.
KARNATAKA
2. THE DEPUTY COMMISSIONER AND DISTRICT
MAGISTRATE,
BENGALURU DISTRICT,
KEMPEGOWDA ROAD,
BEHIND KANDAYA BHAVANA,
BENGALURU - 560 009.
3. THE DEPUTY SUPERINTENDENT OF POLICE,
NELAMANGALA SUB DIVISION,
-2-
NC: 2024:KHC:15435
WP No. 10196 of 2024
BENGALURU RURAL DISTRICT,
BENGALURU - 562 123.
4. THE POLICE INSPECTOR,
NELAMANGALA TOWN POLICE STATION,
BENGALURU RURAL DISTRICT,
BENGALURU - 562 123.
5. THE POLICE INSPECTOR,
MADANAYAKANAHALLI POLICE STATION,
BENGALURU RURAL DISTRICT,
BENGALURU - 562 123.
...RESPONDENTS
(BY SRI. K.P. YOGANNA, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO i) QUASH THE
NOTICE DATED 23/03/2024, IN PROCEEDINGS BEARING NO.
M.A.G(4)/GADIPARU/CR/325/2023-24, ISSUED BY THE R2,
THEREBY CALLING UPON HIM TO SHOW CAUSE AS TO WHY AN
ACTION SHOULD NOT BE TAKEN UNDER SECTION 55 OF
KARNATAKA POLICE ACT, FOR EXTERNMENT OF THIS
PETITIONER, VIDE ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court, seeking the following
prayers:
"i. Writ in the nature of Certiorari quashing the Notice
dated 23.03.2024, in proceedings bearing
No.M.A.G.(4)/Gadiparu/C.R.No.325/2023-24, issued
by the Respondent No.2, thereby calling upon him to
show cause as to why an action should not be taken
under Section 55 of the Karnataka Police Act, for
externment of this Petitioner, vide ANNEXURE-'A' and;
NC: 2024:KHC:15435
ii. Writ in the nature of Certiorari quashing the
Proceedings in case bearing
No.M.A.G.(4)/Gadiparu/C.R.No.325/2023-24, pending
on the file of the Deputy Commissioner, Cum Sub
Divisional Magistrate, Bengaluru District, vide
ANNEXURE-'A', and;
iii. Grant all consequential orders, and;
iv. Pass such other order or orders as the case may be,
in the interest of justice and equity."
2. Heard Smt. Shridevi Bhosale, learned counsel
appearing for the petitioner and Sri. K.P. Yoganna, learned AGA
appearing for the respondents and have perused the material
on record.
3. Learned counsel appearing for the petitioner
submits that the issue in the lis stands answered by the
judgment rendered by this Court in W.P.No.392/2023 disposed
on 21.03.2024 in as much as the report that needs to be
appended to the notice is not appended to the notice seeking to
show cause as to why the petitioner should be not externed.
Therefore, there is violation not only of the act law laid down by
the Apex Court in the case of DEEPAK V. STATE OF
NC: 2024:KHC:15435
MAHARASHTRA AND OTHERS1 as also the order passed by
this Court in W.P.No.392/2023.
4. For the aforesaid reasons, the following:
ORDER
i. The Writ Petition is allowed.
ii. The show cause notice dated 23.03.2024, which
does not append the report stands quashed.
iii. The matter is remitted back to the hands of the
Competent Authority to redo the exercise, if
situation warrants and regulate procedure
strictly in consonance with the judgments of the
Apex Court, this Court and the circular dated
18.04.2024, so also bearing in mind the
observations made in the course of the order.
Ordered accordingly.
Sd/-
JUDGE
SJK
2022 SCC OnLine SC 99
