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2025 DAILYLAW 76581 (KAR)

BRIJESH S v. THE STATE OF KARNATAKA

WP/21326/2025 · 2025-07-24

S Sunil Dutt Yadav

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:28254 WP No. 21326 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 21326 OF 2025 (GM-POLICE) BETWEEN: BRIJESH S S/O SANTHOSH KUMAR A, AGED ABOUT 34 YEARS, R/AT NO.58, NEAR MATHYALAMMA TEMPLE, SEPPINGS ROAD, BHARATHI NAGAR, BENGALURU CITY - 560 001. …PETITIONER (BY SRI. G.S. MADDIREDDY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU 560001. 2. SPECIAL EXECUTIVE MAGISTRATE AND DEPUTY COMMISSIONER OF POLICE, EAST DIVISION, BENGALURU CITY, ULSOOR, BENGALURU - 560008. 3. INSPECTOR OF POLICE, BHARATHI NAGAR POLICE STATION, BHARATHI NAGAR, BENGALURU - 560 005. …RESPONDENTS (BY SMT. K.P. YASHODHA, AGA) Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28254 WP No. 21326 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER BEARING NO.06/MAG/GADIPARU/DCP(E)2025 DATED 05-07- 2025 PASSED BY THE RESPONDENT NO.2, SPECIAL EXECUTIVE MAGISTRATE AND DEPUTY COMMISSIONER OF POLICE, EAST DIVISION, BENGALURU CITY, PRODUCED HERETO AS ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER 1. The Petitioner has challenged the order of externment passed under Section 55 of the Karnataka Police Act, 1963. It is submitted that the procedural requirements under Section 58 of the Act has not been followed. 2. Learned Additional Government Advocate submits that there has been some lapse insofar as the report was not furnished along with the notice. 3. In light of the same and taking note of the observations made by the Co-ordinate Bench of this Court in the case of Sri Prakash vs. The State of Karnataka - 3 - HC-KAR NC: 2025:KHC:28254 WP No. 21326 of 2025 and Others - Crl.P.101633/23 disposed off on 31.07.2023, the impugned order at Annexure-A dated 05.07.2025 is set aside. Liberty is reserved if circumstances are so made out to take fresh proceedings in accordance with law. Accordingly, petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA