Karnataka High Court
Sri Mohammed Zahid Pasha @ Zahid vs State Of Karnataka on 5 June, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:19480
WP No. 14427 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.14427 OF 2024 (GM-POLICE)
BETWEEN:
SRI MOHAMMED ZAHID PASHA @ ZAHID
S/O ILIYAS PASHA @ ILIYAS @ DYANI
AGED ABOUT 32 YEARS
DOOR NO.5758,
WARD NO.24, 2ND STAGE
YARAB NAGAR, RAMANAGAR TOWN
RAMANAGAR DISTRICT-562159
...PETITIONER
(BY SRI. RAGHAVENDRA K., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY THE SUPERINTENDENT OF POLICE
RAMANAGARA DISTRICT
Digitally RAMANAGAR-562159.
signed by
Vandana S
2. THE DEPUTY SUPERINTENDENT OF POLICE
Location:
HIGH COURT RAMANAGARA SUB-DIVISION
OF RAMANAGARA-562159.
KARNATAKA
3. THE INSPECTOR OF POLICE
BIDADI POLICE STATION
RAMANAGARA DISTRICT-562159.
RESPONDENT NOS.1 TO 3 ARE
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
VIDHANA VEEDHI, BENGALURU-560 001.
...RESPONDENTS
(BY SRI. S.T. NAIK, AGA)
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NC: 2024:KHC:19480
WP No. 14427 of 2024
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI
OR SUCH OTHER APPROPRIATE WRIT OR ORDERS OR DIRECTIONS
QUASHING THE ORDER DATED 08.04.2024 PASSED BY THE DISTRICT
COMMISSIONER AND DISTRICT MAGISTRATE COURT, RAMANAGAR
DISTRICT IN THE CASE IN NO.RA G KA/MAG(1)173(6)/2023 ORDERING
THE EXTERNMENT OF THE PETITIONER FROM RAMANAGARA DISTRICT
TO TUMKUR DISTRICT FOR A PERIOD OF SIX MONTHS FROM THE DATE
OF PASSING OF THE ORDER TILL 07.10.2024 WHICH ORDER IS
PRODUCED AT ANNEXURE-A AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, the petitioner seeks quashing of the impugned
externment order at Annexure - A dated 08.04.2024 passed by District
Commissioner and District Magistrate Court, Ramanagara District 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 District Commissioner and District Magistrate Court,
Ramanagara District 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
NC: 2024:KHC:19480
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 District Commissioner and District Magistrate Court,
Ramanagara District, 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 District Commissioner and District
Magistrate Court, Ramanagara District 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 District Commissioner and
District Magistrate Court, Ramanagara District at Annexure - A dated
08.04.2024 deserves to be quashed.
NC: 2024:KHC:19480
6. In the result, I pass the following:
ORDER
(i) Petition is hereby allowed.
(ii) The impugned order dated 08.04.2024 at Annexure-
A passed by the District Commissioner and District Magistrate
Court, Ramanagara District, is hereby quashed.
Sd/-
JUDGE
SV
