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2025 DAILYLAW 62494 (KAR)

NIKHIL S/O LATE MALLIKARJUN BADASHEETI v. THE STATE OF KARNATAKA

WP/104607/2025 · 2025-08-04

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:9718 WP No. 104607 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.104607 OF 2025 (GM-POLICE) BETWEEN: NIKHIL S/O. LATE MALLIKARJUN BADASHEETI, AGE: 27 YEARS, OCC: COOLIE, R/O: MANGALAWARPET, ADAKI ONI, VTC DHARWAD, DHARWAD – 58 0001. NOW R/BY HIS MOTHER SMT. LALITA W/O. MALLIKARJUN BADESHETTI. …PETITIONER (BY SRI. AL HUSSAIN SHALIBAN & SRI. M.A.PATHAN, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME AFFAIRS, VIDHANASOUDHA, BENGALURU – 560 001. 2. THE COMMISSIONER OF POLICE AND SPECIAL EXECUTIVE MAGISTRATE, HUBBALLI-DHARRWAD CITY POLICE COMMISSIONERATE AND THE OFFICE POLICE COMMISSIONER NAVANAGAR, HUBBALLI-DHARWAD, DHARWAD – 580 009. 3. THE POLICE INSPECTOR, TOWN POLICE STATION, DHARWAD – 580 001. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO THAT THE VIDE ANNEXURE-A IS THE ORDER PASSED BY THE RESPONDENT NO.2 DATED 28/05/2025 IN BEARING NO.KRA:CHP VIKADA/COP/ HU-DHA/GADIPARU/53/2025 MAY KINDLY BE QUASHED BY WAY OF Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9718 WP No. 104607 of 2025 WRIT OF CERTIORARI, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WIRT PETITION, COMING ON FOR HEARING ON IA 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. That, the vide Annexure-A is the order passed by the Respondent No.2 dated 28/05/2025 in bearing no.KRA:CHP VIKADA/COP/HU DHA/ GADIPARU/ 53/2025 may kindly be quashed by way of writ of certiorari, in the interest of justice and equity. b. Issue such other writ or give such other direction and pass such other order as this Hon’ble court deems fit on the facts and circumstances of the case. 2. A perusal of para 3 of the impugned order indicates that the petitioner had appeared before respondent No.2 and had also submitted his written objections. The contention now is that the said objections have not been submitted by the petitioner but blank signatures have been taken from the petitioner and objections have been prepared by the respondents. 3. In that view of the matter, the petitioner having an alternative and efficacious remedy in terms of an appeal - 3 - HC-KAR NC: 2025:KHC-D:9718 WP No. 104607 of 2025 under Section 59 of the Karnataka *Police Act, *1963, the petition stands disposed of with such liberty. 4. In view of disposal of the petition, IA-1/2025 stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE LN/CT-ASC List No.: 1 Sl No.: 89 * Corrected vide Court order Dated 29.08.2025 Sd/- SGRJ