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2025 DAILYLAW 44388 (KAR)

SRI SIDDARTHA S/O SHREEMANTH HEGGANDODDI v. THE STATE OF KARNATAKA

WP/100372/2025 · 2025-03-11

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:4598 WP No. 100372 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. 100372 OF 2025 (GM-POLICE) BETWEEN: SRI. SIDDARTHA S/O SHREEMANTH HEGGANDODDI, AGE: 22 YEARS, OCC: STUDENT, R/O 2ND CROSS, SAPTAPUR, NEAR VIVAKANADA CIRCLE, DHARWAD-580 001. TQ. DIST DHARWAD. …PETITIONER (BY SRI. NEELENDRA.D.GUNDE., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PSI, VIDYAGIRI POLICE STATION, DHARWAD-580 001. 2. THE DEPUTY COMMISSIONER OF POLICE (LAW AND ORDER) AND SPECIAL EXECUTIVE MAGISTRATE, HUBLI DHARWAD-580 001. …RESPONDENTS (BY SRI. PRAVEEN.K.UPPAR., AGA) 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 IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4598 WP No. 100372 of 2025 ORAL ORDER Sri.Neelendra D.Gunde., 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. Counsel for the petitioner has placed reliance on the following case. AMBADAS V/S. STATE OF KARNATAKA reported in ILR 1987 KAR 1481. 4. Heard the arguments and perused the Writ papers with care. 5. As against the order passed under Section 55 of the Karnataka Police Act, 1963, there is an alternate and statutory - 3 - NC: 2025:KHC-D:4598 WP No. 100372 of 2025 remedy of filing an appeal under Section 59 of the Karnataka Police Act, 1963. Hence, I decline to exercise power under writ jurisdiction. Counsel for the petitioner has cited a case, but I do not think that the law is in doubt. Each case turns on its facts. The present case is also tested in light of the aforesaid order. 6. Resultantly, the Writ petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 82