- 1 - HC-KAR NC: 2025:KHC:22022 WP No. 16395 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO.16395 OF 2025 (GM-POLICE) BETWEEN: MOHAMMED MUSTAFA @ MUSTAFA PORKODI, S/O. MAYYADDI, AGED ABOUT 30 YEARS, R/AT NO. 1-111, AMBEDKAR NAGAR, KENJARU VILLAGE, MANGALORE TALUK, D.K DISTRICT- 574142. …PETITIONER (BY SRI LETHIF B, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, HOME DEPARTMENT, 2ND FLOOR, VIDHANA SOUDHA, BENGALURU-560001. 2. THE SPECIAL EXECUTIVE MAGISTRATE AND DEPUTY COMMISSIONER OF POLICE MANGALURU CITY, D.K.DISTRICT-575 001. 3. THE SUPERINTENDENT OF POLICE MANGALURU, D.K.DISTRICT-575 001. 4. THE STATION HOUSE OFFICER, BAJPE POLICE STATION, D.K.DISTRICT-575 201. …RESPONDENTS (BY SMT. K.P. YASHODHA, AGA FOR R1 TO R4) Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22022 WP No. 16395 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 27.05.2025 PASSED BY THE R2 BEARING NO.13/S.E.M/K.P.M/M.C/2025 THERE BY PASSING AN ORDER OF EXTERN THE PETITIONER FROM THE DISTRICT OF DAKSHINA KANNADA TO THE JURISDICTION OF MADANAYAKANAHALLI POLICE STATION, BANGALORE RURAL DISTRICT FROM 27.05.2025 TO 26.11.2025 FOR A PERIOD OF FIVE MONTHS. WHICH IS PRODUCED AT ANNEXURE -A AT ABOVE AND ALL FURTHER PROCEEDINGS THERETO AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioner has called in question the correctness of the order dated 27.05.2025 which is an order passed under Section 55 of the Karnataka Police Act, 1963 (for short ‘the Act’) for externment. 2. It is the case of the petitioner that in terms of the procedure under Section 58 of the Act, before an order is passed, the officer authorized is to inform the person in writing of the general nature of material allegations made against him and give him a reasonable opportunity of tendering an explanation regarding the said allegations and then proceed. It is submitted that such procedure has not been followed. - 3 - HC-KAR NC: 2025:KHC:22022 WP No. 16395 of 2025 3. Learned Additional Government Advocate submits that there appears to be a procedural lapse. 4. Though learned Additional Government Advocate makes out contention that merits of the case warrants non- interference, however, taking note of the non-compliance of the mandatory requirement under Section 58 of the Act as pointed out above, the order at Annexure-A is set aside. Needless to state if circumstances are so made out, the authority may, upon application of mind, decide to intiate proceedings as is permissible in law. 5. Accordingly, petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE MR List No.: 2 Sl No.: 18