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2025 DAILYLAW 85070 (KAR)

H KOTRESH S/O HANUMANTHAVVA v. THE DEPUTY COMMISSIONER

WP/102686/2023 · 2025-12-08

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:17542 WP No. 102686 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 102686 OF 2023 (GM-POLICE) BETWEEN: H KOTRESH S/O HANUMANTHAVVA AGED ABOUT 41 YEARS, OCC. COUNCILOR, R/O. AMBEDKAR BADAVANE, WARD NO. 8, HARAPANAHALLI, VIJAYANAGAR, DISTRICT 583131. …PETITIONER (BY SRI. PRAVEEN P. TARIKAR, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER VIJAYANAGAR, VIJAYANAGAR DISTRICT 583131. 2. THE SUPERINTENDENT OF POLICE, VIJAYANAGAR VIJJAYANAGAR DISTRICT 583131. 3. THE POLICE ISPECTOR HOSPATE VIJAYANAGAR DISTRICT 583131 4. THE ASSISTANT COMMISSIONER AND SUB DIVISIONAL MAGISTRATE VIJAYANAGAR DISTRICT 583131 HARAPANAHALLI SUB DIVISION. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED ORDER, DATED 10.03.2023, BEARING NO.SAM/KAM/MAG/CR/74/2022-23 PASSED BY THE 4TH RESPONDENT UNDER SECTION 56 OF KARNATAKA POLICE ACT, 1963, VIDE ANNEXURE-A THEREBY, DIRECTING THE PETITIONER TO EXTERN HIMSELF FROM VIJAYANAGAR DISTRICT TO CHITRADURGA DISTRICT FOR A PERIOD OF 6 MONTHS (I.E., FROM 10.03.2023 TO 10.09.2023). RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Date: 2025.12.09 11:55:12 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17542 WP No. 102686 of 2023 THIS PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer. “a. Call for records. b. Issue writ, order or direction in the nature of certiorari, quashing the impugned order, dated 10.03.2023, bearing No.Sam / Kam / MAG / CR / 74 / 2022-23 passed by the 4th respondent under Section 56 of Karnataka Police Act, 1963, vide Annexure-A thereby, directing the petitioner to extern himself from Vijayanagar district to Chitradurga district for a period of 6 months (i.e., from 10.03.2023 to 10.09.2023). c. Grant any other reliefs as deemed fit by this Hon’ble Court in the facts and circumstances of the case, in the interest of justice and equity.” 2. The prayer is seeking to quash the order of externment of the petitioner. The term itself getting over and has rendered the petition infructuous. 3. Accordingly, the petition stands disposed as having become infructuous, reserving liberty to the petitioner to avail of such remedy, as is available in law. - 3 - HC-KAR NC: 2025:KHC-D:17542 WP No. 102686 of 2023 4. In the event of need, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE RSH / CT: ANB LIST NO.: 2 SL NO.: 66