MR. MOUSIN ALIAS MOHSIN KHAN v. THE STATE OF KARNATAKA,
WP/23859/2025 · 2025-10-28
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40724 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40724 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:43396 WP No. 23859 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 23859 OF 2025 (GM-POLICE) BETWEEN:
MR. MOUSIN ALIAS MOHSIN KHAN, S/O ASNWAR KHAN @ CHATAN, AGED ABOUT 34 YEARS, R/AT NO.1567/2, ISLAMPURA, CHANNAPATNA TOWN, BENGALURU SOUTH DISTRICT-562 160. …PETITIONER (BY SRI VIJAYA RAJAARSU R, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU-560 001.
2.
THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE, BENGALURU SOUTH DISTRICT, RAMANAGARA - 562 159.
3.
THE SUPERINTENDENT OF POLICE, BENGALURU SOUTH DISTRICT, RAMANAGARA - 562 159.
4.
CIRCLE POLICE INSPECTOR, CHANNAPATNA CIRCLE, CHANNAPATNA.
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:43396 WP No. 23859 of 2025
5.
SUB-INSPECTOR OF POLICE, CHANNAPATNA EAST PS, CHANNAPATNA TOWN. …RESPONDENTS (BY SMT. K P YASHODHA, AGA FOR R-1 TO R-5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE EXTERNMENT
ORDER DATED 17/07/2025 PASSED BY THE R2 IN CASE NO. RAJKA/M.A.G(1)/CR/167(4)/2025; HERE WITH PRODUCED AS ANNEXURE-A ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Learned AGA accepts notice for Respondent Nos.1 to 5.
2. The Petitioner is before this Court seeking for the following reliefs; a. "Issue a Writ of Certiorari or any other appropriate writ, order, or direction to quash the externment
order dated 17.07.2025 passed by the 2 Respondent RAJKA/M.A.G(1)/CR/167(4)/2025; here with produced as Annexure-A.
b. Declare that the said
order is arbitrary, unconstitutional, and violative of Articles 14, 19, and 21 of the Constitution of India;
c. Pass such other or further orders as this Hon'ble Court may deem fit and proper in the interests of justice and equity."
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HC-KAR NC: 2025:KHC:43396 WP No. 23859 of 2025
3. What has been challenged is the externment order passed under Section 55 of the Karnataka Police Act,
1963.
4. The Petitioner had been served with a notice had appeared before the competent Authority and made his submissions. In that view of the matter, being of the considered opinion that the Petitioner has an alternative efficacious remedy in terms of appeal under Section 59 of the Karnataka Police Act, 1963, the petition stands disposed.
5. The limitation for filing the appeal is extended by 10 days from today to enable the petitioner to file the appeal.
6. In view of disposal of the main petition, I.A.No.1/2025 does not survive for consideration and the same is disposed. SD/- (SURAJ GOVINDARAJ) JUDGE
KTY/List No.: 1 Sl No.: 35