SHRI. AKBAR S/O JABEERSAB BIJAPUR v. THE STATE OF KARNATAKA
WP/101116/2025 · 2025-03-11
Jyoti Mulimani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 44070 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44070 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC-D:4600 WP No. 101116 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 101116 OF 2025 (GM-POLICE) BETWEEN:
SHRI. AKBAR S/O JABEERSAB BIJAPUR, AGE. 26 YEARS, OCC. BUSINESS, R/O NANDISHWARA NAGARA, NAVANAGARA, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580 025. …PETITIONER (BY SRI. ROSHAN SAHEB CHABBI., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU-560 001.
2.
THE SPECIAL EXECUTIVE MAGISTRATE CUM DEPUTY COMMISSIONER OF POLICE (LAW AND
ORDER), HUBBALLI-DHARWAD, OFFICE OF THE HUBBALLI-DHARWAD CITY POLICE COMMISSIONER, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580 025.
3.
THE POLICE INSPECTOR, A.P.M.C. NAVANAGARA POLICE STATION, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580 025. …RESPONDENTS (BY SRI. PRAVEEN.K.UPPAR., AGA)
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
- 2 -
NC: 2025:KHC-D:4600 WP No. 101116 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.Roshan Saheb Chabbi., counsel for the petitioner and Sri.Praveen K.Uppar, AGA for respondents have appeared in person.
2. The order dated 13.01.2025 passed by the second respondent under Section 55 of the Karnataka Police Act, 1963 is called in question in this writ petition on several grounds as setout in the Memorandum of Writ Petition.
3. Counsel for the respective parties urged several
contentions. Heard the arguments and perused the Writ papers with care.
4. As against the order passed under Section 55 of the Karnataka Police Act, 1963, there is an alternate and statutory remedy of filing an appeal under Section 59 of the Karnataka Police Act, 1963. Hence, I decline to exercise power under writ jurisdiction.
- 3 -
NC: 2025:KHC-D:4600 WP No. 101116 of 2025
5. Resultantly, the Writ petition is dismissed.
Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 84