- 1 - HC-KAR NC: 2025:KHC:20081 WP No. 16710 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO.16710 OF 2025 (GM-POLICE) BETWEEN: GANESH ALIAS GANESH POOJARY S/O. ANNI POOJARY AGED ABOUT 35 YEARS RESIDING AT BADAKODI MANE KEPU VILLAGE BANTWAL TALUK DAKSHINA KANNADA-574 153. …PETITIONER (BY SRI B.S. SACHIN, ADVOCATE) AND: 1. ASSISTANT COMMISSIONER AND SUB-DIVISIONAL MAGISTRATE MANGALORE DAKSHINA KANNADA DISTRICT MANGALORE-575 001. 2. THE STATE OF KARNATAKA REPRESENTED BY THE DEPUTY COMMISSIONER OF POLICE BANTWAL SUB-DIVISION BANTWAL MANGALORE-574 219. …RESPONDENTS (BY SRI MOHAMMED JAFFAR SHAH, AGA) * * * Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20081 WP No. 16710 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO QUASH THE IMPUGNED NOTICE DATED 20.05.2025 IN NO.M.A.G.S.R 33/2025 ISSUED BY THE RESPONDENT NO.1 VIDE ANNEXURE-A AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER 1. The petitioner has called in question the validity of the impugned notice dated 20.05.2025 as well as proceedings at Annexure - B relating to proceedings for externment under Section 55 of the Karnataka Police Act (for short "The Act"). 2. It is the case of the petitioner that the proceedings are now at an advanced stage. However, the procedure contemplated under Section 58 of the Act has not been followed and accordingly any order passed without following the procedure under Section 58 of the Act would vitiate the entirety of the proceedings. - 3 - HC-KAR NC: 2025:KHC:20081 WP No. 16710 of 2025 3. It is noticed that the matter is posted on 16.06.2025 and if the Authority were to proceed and pass orders without following the procedure, the petitioner would be seriously prejudiced. 4. Noticing that the petitioner has come before this Court prior to passing of final order, it would be appropriate to ensure following of the procedure prescribed under Section 58 of the Karnataka Police Act. 5. Section 58 of the Karnataka Police Act, 1963 reads as follows: "58. Hearing to be given before an order is passed under section 54, 55 or 56. (1) Before an order under section 54, 55 or 56 is passed against any person, the officer acting under any of the said sections or any officer above the rank of an Inspector authorised by that officer shall inform the person in writing of the general nature of the material allegations against him and give him a reasonable opportunity of tendering an explanation regarding them. If such person makes an application for the examination of any witness, produced by him, the authority or officer concerned shall grant such application and examine such witness, unless for reasons to be recorded in writing the authority or officer is of opinion that such application is made - 4 - HC-KAR NC: 2025:KHC:20081 WP No. 16710 of 2025 for the purpose of vexation or delay. Any written statement put in by such person shall be filed with the record of the case. Such person shall be entitled to appear before the officer proceeding under this section by a legal practitioner for the purposes of tendering his explanation and examining the witnesses produced by him. (2) The authority or officer proceeding under sub-section (1) may, for the purpose of securing the attendance of any person against whom any order is proposed to be made under section 54, 55 or 56 require such person to appear before him and to furnish a security bond with or without sureties for such attendance during the inquiry. If the person fails to furnish the security bond as required or fails to appear before the officer or authority during the inquiry, it shall be lawful to the officer or authority to proceed with the inquiry and thereupon such order as was proposed to be passed against him may be passed." 6. The procedure prescribed is self explanatory as is evident from the plain reading of the Section. 7. The respondent - State is to ensure that the matter is to be proceeded with only after strictly following the procedure prescribed under Section 58 of the Act. 8. The petitioner to place before the Authority copy of this order, upon which the respondent Authority is to ensure following of procedure as on. - 5 - HC-KAR NC: 2025:KHC:20081 WP No. 16710 of 2025 9. Accordingly, petition is disposed off. All other contentions on merits of the matter are kept open. 10. Needless to state that if the petitioner were to make out a reply to Annexure - A and that explanation is taken note of by the respondent Authority and satisfies the respondent - Authority to drop the proceedings, the respondent - Authority is at liberty to pass an appropriate decision. SD/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 2 Sl No.: 6