Karnataka High Court
Jayaram S/O Javaregowda vs The State Of Karnataka on 19 April, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:15446
WP No. 11405 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. 11405 OF 2024 (GM-POLICE)
BETWEEN:
JAYARAM S/O JAVAREGOWDA,
AGED ABOUT 56 YEARS,
R/AT MARATIKYATHANAHALLI,
JAYAPURA HOBLI, MYSURU - 570 026.
...PETITIONER
(BY SRI. KUMARA K.G., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY PRINCIPAL SECRETARY,
HOME DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU - 560 001.
Digitally signed 2. THE ASSISTANT COMMISSION,
by NAGAVENI
MYSURU SUB DIVISION,
Location: HIGH
COURT OF MYSURU DISTRICT - 570 001.
KARNATAKA
3. THE POLICE COMMISSIONER,
MYSURU RURAL DISTRICT,
MYSURU - 570 001.
4. THE POLICE INSPECTOR
JAYAPURA POLICE STATION,
MYSURU DISTRICT,
MYSURU - 570 005.
...RESPONDENTS
(BY SRI. K.P. YOGANNA, AGA)
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NC: 2024:KHC:15446
WP No. 11405 of 2024
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER NO. MYSAC-MAG/MAG/CR/50/2024 E-
397569 DATED 06/04/2024 PASSED BY THE R2 (ANNEXURE-C)
AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court calling in question an
order dated 06.04.2024 externing the petitioner from Mysuru to
Hassan between 06.04.2024 and 10.06.2024.
2. Heard Sri. Kumara H.G., learned counsel appearing
for the petitioner, 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 respondent No.2 has issued a show cause notice
on 03.04.2024, to which, the petitioner has replied on
06.04.2024. The order is passed on the same day on
06.04.2024 without considering any of the submissions made in
the reply. Therefore, there is violation of law as laid down by
the Apex Court in the case of DEEPAK V. STATE OF
NC: 2024:KHC:15446
MAHARASHTRA AND OTHERS1 and the law laid down by this
Court in W.P.No.9727/2024 dated 05.04.2024.
4. The State has issued a Circular on 18.04.2024, to
strictly adhere to the law laid down by the Apex Court in the
case of DEEPAK supra and that of this Court in
W.P.No.9727/2024, disposed on 05.04.2024. Therefore, the
case of the petitioner will now have to be reconsidered strictly
in consonance with the law laid down by the Apex Court, this
Court and the Circular.
4. For the aforesaid reasons, the following:
ORDER
i. The writ petition is allowed.
ii. The impugned order dated 06.04.2024 passed by
respondent No.2 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
2022 SCC OnLine SC 99
NC: 2024:KHC:15446
also bearing in mind the observations made in the
course of the order.
Ordered accordingly.
Sd/-
JUDGE
SJK
