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2025 DAILYLAW 80220 (KAR)

R. MANIKANTHA @ MANI v. DEPUTY COMMISSIONER/DISTRICT MAGISTRATE

WP/33074/2025 · 2025-11-12

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:46025 WP No. 33074 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 33074 OF 2025 (GM-POLICE) BETWEEN: R. MANIKANTHA @ MANI, S/O SRI. RAJU RAJUSHETTIYAR, AGED ABOUT 44 YEARS, DEVANGASHETTI TRIBE, PROF: BUSINESS, R/O. PUDUR GARDEN HOUSE, M.M.BETTA, HANUR TALUK, CHAMARAJANAGAR DISTRICT PIN 571490. …PETITIONER (BY SRI SURESH S, ADVOCATE) AND: 1. DEPUTY COMMISSIONER/ DISTRICT MAGISTRATE, CHAMARAJANAGAR DISTRICT, CHAMARAJANAGAR, PIN 560018. 2. ASSISTANT COMMISSIONER/ ADDITIONAL MAGISTRATE, KOLLEGALA SUB-DIVISION, KOLLEGALA- 571 440. 3. SUPERINTENDENT OF POLICE, CHAMARAJANAGAR DISTRICT, CHAMARAJANAGAR, PIN 560 018. 4. CIRCLE POLICE INSPECTOR, MALAI MAHADESHWARA BETTA POLICE STATION, MALAI MAHADESHWARA, PIN 571490. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46025 WP No. 33074 of 2025 5. POLICE SUB INSPECTOR, MALAI MAHADESHWARA POLICE STATION, MALAI MAHADESHWARA, PIN 571490. …RESPONDENTS (BY SMT. K.P YASHODHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO A. ISSUE THE WRIT OF NATURE CERTIORARI TO QUASH THE IMPUGNED ORDER IMPUGNED ORDER DATED 05-08-2025 IN MAG(GA)/CR/01/2025 PASSED BY THE 2ND RESPONDENT PRODUCED VIDE ANNEXTURE-A AND PASS SUCH OTHER ORDER/S OR DIRECTION/S AS THIS HON'BLE COURT MAY DEEM FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE ETC. 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 AGA accepts notice for respondents No.2 to 5. 2. The petitioner is before this Court seeking for the following reliefs; a. "Issue the writ of nature certiorari to quash the impugned order impugned order dated 05-08-2025 in MAG(GA)/Cr/01/2025 passed by the 2nd respondent produced vide ANNEXTURE-A and pass such other order/s or direction/s as this Hon'ble Court may deem fit to grant in the facts and circumstances of the case. b. Pass such other order/s or direction/s as this Hon'ble Court may deem fit to grant in the facts and circumstances of the case." - 3 - HC-KAR NC: 2025:KHC:46025 WP No. 33074 of 2025 3. What is challenged is the externment order passed under Section 55 of the Karnataka Police Act, 1963. A perusal of the papers indicates that the petitioner was issued notice and had entered appearance on 21.05.2025. He sought time to file his objections on 04.06.2025 and 18.06.2025 and subsequently filed his objections, on 20.06.2025 the petitioner was heard and impugned order passed on 05.08.2025. 4. In that view of the matter, it is clear that the principles of natural justice have been complied with. The order is passed by the Authority having jurisdiction over the matter. 5. The petitioner has an alternative efficacious remedy in terms of Section 59 of the Karnataka Police Act, 1963. Reserving such liberty, the petition stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 19