- 1 - HC-KAR NC: 2025:KHC-D:10733 WP No. 105682 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105682 OF 2025 (GM-POLICE) BETWEEN: SRI. SHREEKANTH SHETTY S/O. SUNDARA SHETTY, AGED ABOUT 37 YEARS, R/A. # 4-90, ARBI HOUSE, KARKALA, UDUPI, KARNATAKA 3 574 101. &PETITIONER (BY SRI. J. S. SHETTY, ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF HOME VIDHANA SOUDHA, DR. AMBEDKAR VEEDI DHARWAD 560 001, REPRESENTED BY ITS, PRINCIPAL CHIEF SECRETARY. 2. SUPERINTENDENT OF POLICE, NAVANAGAR, BAGALKOTE 3 587 103. 3. THE DEPUTY COMMISSIONER, AND DISTRICT MAGISTRATES, BAGALKOTE 3 587 103. &RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH / SET ASIDE THE IMPUGNED ORDER DATED. 17-06-2025 ISSUED BY THE RESPONDENT NO. 3 BEARING NO. GABA/M.A.G/CR/29/2025-26 VIDE ANNEXURE-A AND ETC. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10733 WP No. 105682 of 2025 THIS WRIT PETITION, COMING ON FOR FINAL HEARING, THIS DAY ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ in the nature of Certiorari and quash/set aside the impugned order dated 17.06.2025 issued by the Respondent No.3 bearing No. Gaba/M.A.G/CR/29/2025-26 vide Annexure-A. b. Grant such reliefs as this Hon9ble Corut may deem fit under the facts and circumstances of the case in the interests of justice and equity. 2. The grievance with the petitioner is that by way of the impugned order dated 17.06.2025, respondent No.2 has directed that the petitioner shall not enter the Bhagalkote district from 20.06.2025 to 20.09.2025 by exercising powers under section 163 of the Bharatiya Nagarika Suraksha Samhita 2023. His submission is that in terms of Subsection (4) of Section 163, no order under Section 163 can remain in force for more than two months from the date of making of the order. In the present case, the order having been - 3 - HC-KAR NC: 2025:KHC-D:10733 WP No. 105682 of 2025 passed on 17.06.2025, at the most, it could have been in force till 16.08.2025 and not 20.09.2025, as indicated in said order. 3. Learned AGA would however, submit that there is always power with the respondents to extend the order or any order passed under Section 163. 4. Heard Sri.J.S.Shetty, learned counsel for the petitioner and Sri.Sharad V.Magadum, learned AGA for respondent-State. Perused papers. 5. There is substance in the submission of Sri.J.S.Shetty that, inasmuch as in terms of Subsection (4) of Section 163, any order passed under Section 163 shall not remain in force for more than two months from the making thereof. This order, having been passed on 17.06.2025 could not have been in force after 16.08.2025. 6. Though several other contentions are sought to be addressed in the writ petition, I am of the considered - 4 - HC-KAR NC: 2025:KHC-D:10733 WP No. 105682 of 2025 opinion that when the order ought to have stood lapsed on 16.08.2025, there would be no requirement to consider all those aspects. In that view of the matter, I pass the following: ORDER i. With petition is allowed. ii. The impugned order at Annexure-a dated 17.06.2025 is declared to have lapsed on 16.08.2025 and therefore, is not in effect as on today. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 81