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2025 DAILYLAW 72953 (KAR)

TAUFIQ @ NOORI @ MUBARAK v. STATE OF KARNATAKA

WP/31559/2025 · 2025-10-25

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42255 WP No. 31559 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 31559 OF 2025 (GM-POLICE) BETWEEN: TAUFIQ @ NOORI @ MUBARAK SON OF SRI. SHAMAN SHA WALI AGED ABOUT 26 YEARS, RESIDING AT M. N CIRCLE, BOMMANAKATTE BHADRAVATHI-577006 …PETITIONER (BY SRI. SUHAIB FAZEEL MADAR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY PAPER TOWN POLICE STATION BHADRAVATHI TALUK SHIVAMOGGA DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU-560001 2. ASSISTANT COMMISSIONER AND SUB-DIVISIONAL MAGISTRATE, SHIVAMOGGA SUB-DIVISION, SHIVAMOGGA DISTRICT, SHIVAMOGGA-577201 …RESPONDENTS (BY SMT.K.P.YASHODHA, AGA) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42255 WP No. 31559 of 2025 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE OR QUASH THE IMPUGNED ORDER PASSED IN MAGCR: 16/2025 DTD 13.08.2025 BY THE R-2 AGAINST THE PETITIONER BY EXILING THE PETITIONER FROM SHIVAMOGGA DISTRICT TO BIDAR DISTRICT FOR A PERIOD OF 6 MONTHS I.E., FROM 13.08.2025 TO 13.02.2026 WHICH IS PRODUCED AND MARKED AS ANNX- E. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned Additional Government Advocate accepts notice for respondents. 2. The petitioner is before this Court seeking for the following reliefs: "I. Issue a Writ of Certiorari or any other appropriate wrti, order direction to set aside or Quash the impugned order passed in MAGCR: 16/2025 dtd: 13.08.2025 by the Respondent No.2 against the Petitioner by exiling the Petitioner from Shivamogga District To Bidar District for a period of 6 months i.e., from 13.08.2025 to 13.02.2026 which is produced and marked as Annexure-E. II. Issue any other writ or order or direction that deems fit to grant in the circumstances of the case in the interest of justice." - 3 - HC-KAR NC: 2025:KHC:42255 WP No. 31559 of 2025 3. Perusal of the papers indicates that before the order of externment was passed, the petitioner had been issued a notice and had been heard in the matter. 4. In view of the said facts, principles of natural justice having been complied with, a writ petition would not directly lie. 5. The petitioner having an alternative and efficacious remedy in terms of appeal under Section 59 of the Karnataka Police Act, 1963, the petition is dismissed. Reserving such liberty, the time for filing of the appeal is extended by a period of 10 days from today. SD/- (SURAJ GOVINDARAJ) JUDGE DM List No.: 1 Sl No.: 18