Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:30518 WP No. 23818 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 23818 OF 2025 (GM-POLICE) BETWEEN:
1. FARZU S/O. LATE. ABDUL SATTAR AGED ABOUT 52 YEARS RESIDING AT NO. 1319, GUPTA STORE, 1ST STAGE, RAJEEV NAGAR, MYSURU CITY, MYSURU. PIN -571 008.
… PETITIONER (BY SRI. R.D. PANCHAM, ADVOCATE FOR SRI R.K. MAHADEVA.,ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REP. BY STATION HOUSE OFFICER UDAYAGIRI POLICE STATION MYSURU CITY, MYSURU PIN CODE-570 005.
2.
THE SPECIAL EXECUTIVE MAGISTRATE AND DEPUTY COMMISSIONER OF POLICE LAW AND ORDER, NEAR NAZARABAD, MYSURU CITY, MYSURU-570 001.
… RESPONDENTS (BY SMT. K.P. YASHODHA, AGA)
Digitally signed by VANAMALA N Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:30518 WP No. 23818 of 2025
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ALLOW THE PETITION AND QUASH THE NOTICE ISSUED BY THE R2 DTD 31.07.2025 BEARING NO.
MAG(2)/GADIPARU/19/2025) VIDE ANNEXURE-A IN RESPECT OF THESE PETITIONERS AND ETC.
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 Show Cause Notice issued by the second respondent under Section 58 of the Karnataka Police Act, 1963 [for short, 'the Act']. Mr.R.D.Pancham, the learned counsel for the petitioner, submits that this Court must intervene and quash the Show Cause Notice because the reason for the petitioner's externment is a proceeding that is quashed by this Court in the Criminal Petition No.4554/2024 vide order dated
06.03.2025.
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HC-KAR NC: 2025:KHC:30518 WP No. 23818 of 2025
Ms. K.P. Yashodha, the learned Additional Government Advocate, who is called upon to accept notice for the respondent - State, is heard in the light of this grievance. On perusal of the provisions of Section 58 of the Act, this Court opines that if indeed the reason for the proposal to extern the petitioner is the proceedings that are quashed by this Court, the second respondent must consider the same and pass a reasoned order after due compliance with the requirements of Section 58(1) of the Act. It is observed accordingly, and reserving the liberty to the petitioner to place on record a copy of this Court's
order dated 06.03.2025 passed in Criminal Petition No.4554/2024, the petition stands disposed of.
Sd/- (B M SHYAM PRASAD) JUDGE
VGR