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2025 DAILYLAW 56436 (KAR)

AMITH H. M. @ AMMI v. THE STATE OF KARNATAKA

WP/22953/2025 · 2025-08-19

B M Shyam Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32194 WP No. 22953 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 22953 OF 2025 (GM-POLICE) BETWEEN: AMITH H. M. @ AMMI S/O. MAYIGOWDA. P, AGED ABOUT 33 YEARS, R/AT 1ST CROSS, NEAR UMAMAHESHWARI TEMPLE, SHANTINAGAR, HASSAN TOWN, HASSAN DISTRICT-573 201. PERMANENT ADDRESS MADUMANAHALLI VILLAGE, KATTAYA HOBLI, HASSAN DISTRICT-573 201. …PETITIONER (BY SRI. YASHWANTH M., ADVOCATE FOR SRI. GIRISH B BALADARE.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPUTY COMMISSIONER/ DISTRICT MAGISTRATE, HASSAN DISTRICT, HASSAN-573 201, REPRESENTED BY THE GOVT. ADVOCATE, HIGH COURT OF KARNATAKA AT Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32194 WP No. 22953 of 2025 BANGALORE, PIN CODE NO. 577 101. 2. SUPERINTENDENT OF POLICE HASSAN DISTRICT HASSAN, REPRESENTED BY THE SPP, HIGH COURT OF KARNATAKA AT BANGALORE, PIN CODE-577 101. 3. THE POLICE INSPECTOR PENSION MOHALLA POLICE STATION, HASSAN SUB DIVISION, HASSAN DISTRICT, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA AT BANGALORE, PIN CODE NO. 577 101. …RESPONDENTS (BY SMT.K.P. YASHODHAS, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE WRIT, ORDER, OR DIRECTION IN THE NATURE OF CERTIORARI SET ASIDE THE IMPUGNED ORDER DATED 11-07-2025 IN CASE.NO/MAG-680/2024-25 VIDE ANNEXURE-C PASSED BY THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE, HASSAN DISTRICT, HASSAN BY ALLOWING THIS PETITION IN THE INTEREST OF JUSTICE. - 3 - HC-KAR NC: 2025:KHC:32194 WP No. 22953 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner is aggrieved by the first respondent's order dated 11.07.2025 under Section 55 of the Karnataka Police Act, 1963 [for short, the 'Act'], and the petitioner's grievance is with non- compliance of the requirements of Section 58 of the Act. In support of the petitioner's grievance, Sri Yashwanth M, the learned counsel for the petitioner, submits that a copy of the Report which forms part of the impugned order is not furnished. Smt. K.P.Yashodha, the learned Additional Government Advocate, who is permitted to secure instructions, is unable to controvert the same. - 4 - HC-KAR NC: 2025:KHC:32194 WP No. 22953 of 2025 In which event, this Court must intervene to set aside the impugned order for restoration of the proceedings for due consideration in accordance with the procedure contemplated under Section 58 of the Act. In the light of the afore, the following ORDER [A] The petition is allowed in part. [B] The first respondent's order dated 11.07.2025 [Annexure-C] is quashed restoring the proceedings for consideration. [C] The petitioner, without further notice, shall appear before the first respondent on 28.08.2025. Sd/- (B M SHYAM PRASAD) JUDGE NV