Karnataka High Court
Sadiq S/O Akbarsab Allolli vs The State Of Karnataka on 2 July, 2024
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NC: 2024:KHC-D:9024
WP No. 103476 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 103476 OF 2024 (GM-POLICE)
BETWEEN:
SADIQ S/O. AKBARSAB ALLOLLI,
AGE: 22 YEARS, OCC: AGRICULTURE,
R/O. KILLA, RANGANVADI,
TQ: AND DIST: GADAG-582103.
...PETITIONER
(BY SRI. SADIK KANVI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REP. BY HON'BLE HOME SECRETARY,
M.S. BUILDING, BENGALURU-560001.
2. EXECUTIVE MAGISTRATE,
GADAG SARVODAYA SOCIETY,
GADAG NH-63, BELLARY-HUBLI ROAD,
GADAG-BETAGERI, KARNATAKA -582103.
3. SUPERINTENDENT OF POLICE,
ASHPAK
GADAG, BEHIND NEW BUS STAND,
KASHIMSA
MALAGALADINNI PANCHAL NAGAR, KALASAPUR,
Location: HIGH GADAG-BETAGERI, KARNATAKA -582103.
COURT OF
KARNATAKA,
DHARWAD 4. THE POLICE INSPECTOR GADAG,
BENCH
TOWN POLICE STATION,
GADAG-BETAGERI, TQ: AND DIST: GADAG-582101.
...RESPONDENTS
(BY SRI. V.S. KALASURMATH, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI QUASHING THE ORDER PASSED IN
MAG/POL/CR/24-2023-24 DATED 16-04-2024 EXECUTIVE
MAGISTRATE GADAG/RESPONDENT NO.2 VIDE ANNEXURE-C, IN THE
INTEREST OF JUSTICE AND EQUITY.
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NC: 2024:KHC-D:9024
WP No. 103476 of 2024
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Captioned petition is filed assailing the validity and
legality of externment order dated 16.04.2024 issued by
respondent No.2 as per Annexure-C.
2. Heard the learned counsel for petitioner and the
learned HCGP.
3. The short point that needs consideration is, as
to whether the impugned externment order is sustainable,
as there is clear infraction, which is evident from the
impugned order.
4. Admittedly, the impugned externment order is
passed without serving a copy of the report of the police
inspector, based on which the impugned externment order
is passed. The issue on this point is no more res integra
and the same is dealt by two Co-ordinate Benches of this
Court. On two instances, the Co-ordinate Bench, in
reported judgments, have taken a view that if show-cause
NC: 2024:KHC-D:9024
notice though issued but is not accompanied with report of
the police inspector based on which externment order is
passed, the order of externment stands vitiated only on
account of procedural irregularities.
5. In the present case, the impugned externment
order is passed on an apprehension that the petitioner is
likely to create disturbance on the eve of parliamentary
elections. The order under challenge does not substantiate
on what materials this impugned externment order is
passed. In the present case on hand, there is a clear
procedural irregularity as the show-cause notice is not
accompanied with the police report. In the light of law laid
down by Co-ordinate Bench of this Court, rendered in the
case of Madhusudhan v. State of Karnataka1 and in the
case of Nazir Khan v. State of Karnataka2 the
impugned order of externment is liable to be quashed.
6. For the foregoing reasons, this Court passes the
following:
AIRONLINE 2023 KAR 168
AIRONLINE 2023 KAR 2079
NC: 2024:KHC-D:9024
ORDER
i) The writ petition is allowed.
ii) The impugned order of externment
dated 16.04.2024 passed by
respondent No.2 vide Annexure-C is
hereby quashed.
Sd/-
JUDGE
MBS
Ct-mck
