- 1 - HC-KAR NC: 2025:KHC:21148 WP No. 16233 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 16233 OF 2025 (GM-POLICE) BETWEEN: 1. FAIZULLA SHARIFF @ BABITHA S/O MEHABOOB, AGED ABOUT 50 YEARS, R/O INDIRANAGARA, HIDUVALLI VILLAGE, NARASIMHARAJAPURA TALUK CHIKKAMAGALURU DIST 577101. …PETITIONER (BY SRI. GIRISH B BALADARE., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPUTY COMMISSIONER/ DISTRICT MAGISTRATE, CHIKKAMGALURU, REPRESENTED BY THE GOVT ADVOCATE, HIGH COURT OF KARNATAKA AT BANGALORE PIN CODE NO. 577101 2. SUPERINTENDENT OF POLICE CHIKKAMAGALURU CHIKKAMAGALURU TALUK AND DISTRICT REPRESENTED BY THE SPP HIGH COURT OF KARNATAKA AT BANGALORE PIN CODE NO. 577101 3. THE POLICE SUB INSPECTOR NARASIMHARAJAPURA POLICE STATION, NARASIMHARAJAPURA TALUK Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21148 WP No. 16233 of 2025 CHIKKAMAALURU DIST, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA AT BANGALORE PIN CODE NO. 577101 …RESPONDENTS (BY MS. K P YASHODHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 29-05-2025 IN J1/MAG (EXTERNMENT)-293/2022-23 VIDE ANNEXURE-D PASSED BY THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE, CHIKKAMAGALURU. 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 29.05.2025 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 authorised 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 - 3 - HC-KAR NC: 2025:KHC:21148 WP No. 16233 of 2025 and then proceed. It is submitted that such procedure has not been followed. 3. Learned AGA submits that there appears to be a procedural lapse. 4. Though learned AGA 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-D is set aside. Needless to state if circumstances are so made out, the authority may, upon application of mind, decide to initiate proceedings as is permissible in law. 5. Accordingly, petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE VP