Karnataka High Court
Akhil vs The State Of Karnataka on 26 July, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2024:KHC:29658
WP No. 13054 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.13054 OF 2024 (GM-POLICE)
BETWEEN:
PRADEEP
S/O HANUMANTEGOWDA,
AGED ABOUT 32 YEARS,
R/O BUSINESS CIRCLE, KUVEMPU NAGAR,
CHANNARAYAPATNA TOWN - 573 116.
...PETITIONER
(BY SRI. GIREESHA J.T., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPUTY CHIEF SECRETARY,
(LAW AND ORDER DIVISION)
DEPARTMENT OF HOME,
VIDHANA SOUDHA, BENGALURU - 560 001.
2. ASSISTANT COMMISSIONER &
SUB DIVISIONAL MAGISTRATE
HASSAN SUB-DIVISION,
Digitally signed AT LOKOPAYOGI DEPARTMENT,
by LEELAVATHI PRAVASI MANDIRA CAMPUS,
SR N.R.CIRCLE, HASSAN - 573 201.
Location: HIGH
COURT OF
KARNATAKA 3. SUPERINTENDENT OF POLICE
CHANNARAYAPATNA TOWN POLICE STATION,
HASSAN DISTRICT, HASSAN - 573 116.
...RESPONDENTS
(BY SRI.S T NAIK., AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED 03/04/2024 PASSED BY THE R2
AGAINST IN MAG 222/2023-24 AS PER ANNEXURE-A.
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NC: 2024:KHC:29658
WP No. 13054 of 2024
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, the petitioner seeks quashing of the impugned
externment order at Annexure-A dated 03.04.2024 passed by
respondent No.2 under Section 55 of the Karnataka Police Act, 1963 (for
short "the K.P. Act").
2. Heard learned counsel for the petitioner and learned AGA
for the respondents and perused the material on record.
3. In addition to reiterating the various contentions urged in
the memorandum of petition and referring to the material on record,
learned counsel for the petitioner submits that the impugned order
passed by the 2nd respondent directing externment of the petitioner is not
only contrary to the provisions and procedure prescribed / contained in
Sections 55 to 58 of the K.P.Act, but also against the principles
governing externment as enunciated by the Apex Court in the case of
Deepak vs. State of Maharashtra - 2022 SCC OnLine SC 99 which
has been followed by this Court in the case of Giddappa Vs. Lambu
Giddappa Vs. State of Karnataka and others - W.P.No.8182/2023
dated 21.04.2023 and in the case of Shakeeb @ Mohammed
Shakeebullah vs. State of Karnataka & others - W.P.No.14426/2023
NC: 2024:KHC:29658
dated 28.11.2023. It is therefore submitted that the impugned order
passed by the respondents deserve to be quashed.
4. Per contra, learned AGA for the respondents would support
the impugned order and submits that there is no merit in the petition and
the same is liable to be dismissed.
5. As rightly contended by the learned counsel for the
petitioner, a perusal of the material on record including the impugned
order will clearly indicate that the 2nd respondent has failed to follow the
mandatory requirements and procedure prescribed under Sections 55 to
58 of the Karnataka Police Act, while passing the impugned order, which
is clearly contrary to the principles enunciated by the Apex Court and this
Court in the judgments referred to supra. Under these circumstances, I
am of the view that the impugned order passed by the 2nd respondent at
Annexure-A dated 03.04.2024 deserves to be quashed.
6. In the result, I pass the following:
ORDER
(i) Petition is hereby allowed.
(ii) The impugned order dated 03.04.2024 at
Annexure - A passed by the 2nd respondent is hereby quashed.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
