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2025 DAILYLAW 79091 (KAR)

SRI MOHAMMED RAZIQ v. THE STATE OF KARNATAKA

WP/21261/2025 · 2025-07-24

S Sunil Dutt Yadav

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:28255 WP No. 21261 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. 21261 OF 2025 (GM-POLICE) BETWEEN: SRI MOHAMMED RAZIQ S/O LATE AAFI AHAMED AGED ABOUT 40 YEARS, R/AT, NO.62, 1ST CROSS, NEAR SRI KANTAYYA SCHOOL, GHOUSIA NAGAR, K.N PURA MYSORE-570019. …PETITIONER (BY SRI. GAURAV SUBRAMANYAM., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY DEPUTY COMMISSIONER OF POLICE AND SPECIAL EXECUTION MAGISTRATE MYSORE CITY, REP. BY SPP HIGH COURT BUILDING BENGALURU-01. 2. POLICE INSPECTOR NARASIMHARAJA POLICE STATION MYSORE CITY-570001. …RESPONDENTS (BY SMT. K.P. YASHODHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER IN CASE NO. MAG(2)/EXERNMENT/12/2025 DATED 20/06/2025 (ANNX-A) PASSED BY THE R1 AND ETC., Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28255 WP No. 21261 of 2025 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 called in question the validity of the externment order at Annexure - A dated 20.06.2025. 2. Learned counsel for the petitioner would assert that while passing the order under Section 55 of the Karnataka Police Act, 1963 (for short 'The Act'), the notice issued is required to be accompanied with a report. 3. Accordingly, it is submitted that such obligation flows from the procedure prescribed under Section 58 of the Act as regards orders passed under Section 55 as also directions of this Court in the case of Sri Prakash vs. The State of Karnataka and Others - Crl.P.101633/23 disposed off on 31.07.2023. 4. Learned Additional Government Advocate submits that there has been a procedural lapse insofar as report - 3 - HC-KAR NC: 2025:KHC:28255 WP No. 21261 of 2025 was not enclosed along with a notice as asserted by the petitioner. In light of the same, on such sole ground the order at Annexure-A 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