Sayed Sohel Banadar vs The State Of Karnataka
2024 Latest Caselaw 15668 Kant

Karnataka High Court

Sayed Sohel Banadar vs The State Of Karnataka on 3 July, 2024

                                              -1-
                                                      NC: 2024:KHC-D:9062
                                                       WP No. 102699 of 2024




                      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                            DATED THIS THE 3RD DAY OF JULY, 2024
                                             BEFORE
                      THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
                        WRIT PETITION NO. 102699 OF 2024 (GM-POLICE)
                 BETWEEN:
                 SAYED SOHEL BANADAR,
                 S/O. SAYED ZAKIR BANADAR,
                 AGED ABOUT 21 YEARS,
                 OCC: HELPER CUM SERVER,
                 R/O. JAMADAR GALLI, JAKANI BHAVI ROAD,
                 DHARWAD-580001.
                                                                  ...PETITIONER
                 (BY SRI. KIRAN M. GOLI, ADVOCATE)
                 AND:
                 1.   THE STATE OF KARNATAKA,
                      REPRESENTED BY ITS PRINCIPAL SECRETARY,
                      DEPARTMENT OF HOME, VIDHAN SOUDHA,
                      BANGALORE-560001.

                 2.   DEPUTY COMMISSIONER OF POLICE (LAW)
                      HUBBALI-DHARWAD DIVISION,
                      NAVANAGAR, P.B. ROAD,
                      DHARWAD-580001.
ASHPAK
KASHIMSA
MALAGALADINNI    3.   CIRCLE INSPECTOR,
                      DHARWAD CIRCLE,
Location: HIGH
COURT OF              TOWN POLICE STATION,
KARNATAKA,
DHARWAD
BENCH
                      DHARWAD-580001.

                 4.   CIRCLE INSPECTOR,
                      DHARWAD VIDYAGIRI CIRCLE,
                      VIDYAGIRI POLICE STATION,
                      VIDYAGIRI, DHARWAD-580007.
                                                                ...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 WRIT OF
                 CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR
                 DIRECTION TO QUASH THE IMPUGNED ORDER DATED 20-04-2024
                            -2-
                                 NC: 2024:KHC-D:9062
                                   WP No. 102699 of 2024




PASSED    IN     CASE      BEARING      CHP/VIKADA/COP/HU-
DHA/GADIPARU/18/2024 DT. 15-04-2024 BY THE RESPONDENT NO.
2 UNDER SECTION 55 OF THE KARNATAKA POLICE ACT, 1963
AGAINST THE PETITIONER IN THE INTEREST OF JUSTICE AND
EQUITY.

      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 20.04.2024 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

NC: 2024:KHC-D:9062

Court. On two instances, the Co-ordinate Bench, in

reported judgments, have taken a view that if show-cause

notice though issued 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

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NC: 2024:KHC-D:9062

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:

ORDER

i) The writ petition is allowed.

ii) The impugned order of externment dated 20.04.2024 passed by respondent No.2 vide Annexure-C is hereby quashed.

Sd/-

JUDGE

MBS Ct-mck

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