Karnataka High Court
Sri. Azam Pasha vs The State Of Karnataka on 4 June, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:19138
WP No. 10936 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.10936 OF 2024 (GM-POLICE)
BETWEEN:
SRI. AZAM PASHA
S/O ASLAM PASHA
AGED ABOUT 27 YEARS,
R/AT NO.401, NEAR JUNIOR COLLEGE,
BELATHUR COLONY
BENGALURU - 560 067
...PETITIONER
(BY SRI. NANJUNDA GOWDA M R., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY DEPARTMENT OF HOME,
VIKASA SOUDHA,
BENGALURU - 560 002
REPRESENTED BY ITS SECRETARY
Digitally 2. SPECIAL EXECUTIVE MAGISTRATE AND
signed by
Vandana S DEPUTY COMMISSIONER OF POLICE
Location: WHITEFIELD DIVISION,
HIGH COURT BENGALURU CITY - 560 066
OF
KARNATAKA
3. ASSISTANT COMMISSIONER (C.C.B)
ORGANIZED CRIME SQUAD EAST
BENGALURU - 560 001
4. POLICE INSPECTOR
KADUGODI POLICE STATION
BENGALURU - 560 007
...RESPONDENTS
(BY SRI.S.T.NAIK., AGA)
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NC: 2024:KHC:19138
WP No. 10936 of 2024
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH IMPUGNED ORDER
DATED.15/03/2024 BEARING NO.D.C.P/Y.V./MAG/GADIPARU/04/2023
PASSED BY THE SPECIAL EXECUTIVE MAGISTRATE AND DEPUTY
COMMISSIONER OF POLICE, WHITEFIELD DIVISION, BENGALURU
CITY AS PER ANNEXURE-A & ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
In this petition, the petitioner seeks quashing of the impugned
externment order at Annexure-B dated 15.03.2024 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
NC: 2024:KHC:19138
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 respondent No.2 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-B dated 15.03.2024 deserves to be quashed.
6. In the result, I pass the following:
ORDER
(i) Petition is hereby allowed.
NC: 2024:KHC:19138
(ii) The impugned order at Annexure-B dated
15.03.2024 passed by the 2nd respondent is hereby quashed.
Sd/-
JUDGE
BMC
