Karnataka High Court
Salman Khan @ Salma vs State Of Karnataka on 26 July, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:29654
WP No. 12812 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. 12812 OF 2024 (GM-POLICE)
BETWEEN:
SALMAN KHAN @ SALMA
S/O. LATE NOOR AHAMED,
AGED ABOUT 37 YEARS,
R/AT 3RD CROSS, A.P. MOHALLA,
NEAR FATHIMA MASJID,
CHAMARAJANAGARA TOWN,
CHAMARAJANAGARA DISTRICT,
PIN CODE NO. 571 313.
NOW AT OPPOSITE TO OLD KSRTC BUS STAND,
BELLARI-583 101.
...PETITIONER
(BY SRI. SOMASHEKAR KASHIMATH.,ADVOCATE)
AND:
Digitally signed 1. STATE OF KARNATAKA
by REPRESENTED BY ITS SECRETARY,
LEELAVATHI S DEPARTMENT OF HOME AFFAIRS,
R
GOVERNMENT OF KARNATAKA,
Location: HIGH
COURT OF VIDHANA SOUDHA,
KARNATAKA BENGALURU-560 001.
2. THE ASSISTANT COMMISSIONER
CUM-SUB DIVISIONAL MAGISTRATE,
KOLLEGAL, KOLLEGAL SUB DIVISION,
CHAMARAJANAGARA DISTRICT,
PIN CODE-571 440.
3. THE SUPERINTENDENT OF POLICE
CHAMARAJANAGARA,
CHAMARAJANAGARA DISTRICT,
PIN CODE NO-571 313.
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NC: 2024:KHC:29654
WP No. 12812 of 2024
4. THE POLICE INSPECTOR
CHAMARAJANAGARA TOWN POLICE,
CHAMARAJANAGARA,
PIN CODE NO. 571 313.
...RESPONDENTS
(BY SRI.S T NAIK.,AGA FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
226 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE
ENTIRE RECORDS AND PROCEEDINGS OF THIS CASE AND
HON'BLE COURT BE PLEASED TO ISSUE AND QUASH THE ORDER
DTD 12.04.2024 PASSED BY THE R-2 A.C./SUB-DIVISIONAL
MAGISTRATE, KOLLEGAL SUB-DIVISION, KOLLEGAL,
CHAMARANAGARA DISTRICT, IN MAG(GA)CR./16/2024 AS PER
ANNEXURE-H
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING IN B GROUP, 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-H dated 12.04.2024,
passed by the 2nd respondent 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
NC: 2024:KHC:29654
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 dated 28.11.2023. It is
therefore submitted that the impugned order passed by the
respondents deserves 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,
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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-H dated 12.04.2024 deserves to be quashed.
6. In the result, I pass the following:
ORDER
(i) Petition is hereby allowed.
(ii) The impugned order dated 12.04.2024 at Annexure-H
passed by the 2nd respondent is hereby quashed.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
BMC
