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2025 DAILYLAW 87234 (KAR)

SRI. KIRANA. G v. THE STATE OF KARNATAKA

WP/33398/2025 · 2025-11-17

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47122 WP No. 33398 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 33398 OF 2025 (GM-POLICE) BETWEEN: SRI. KIRANA. G S/O GOVINDASWAMY AGED ABOUT 31 YEARS R/AT NO.146, LEFT SIDE ROAD, RANGANATHAPURA, ANATARAGANGE CAMP BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577 245. …PETITIONER (BY SRI. RAVI V, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HOME, VIKAS SOUDHA, BENGALURU - 560 002 REPRESENTED BY SECRETARY. 2. ASSISTANT COMMISSIONER, BHADRAVATHI SUB-DIVISION, BHADRAVATHI, SHIVAMOGGA DISTRICT - 577 421. 3. SUPERINTENDENT OF POLICE BANGALORE HONNAVAR HWY, POLICE QUARTERS, SHIVAMOGGA - 577 205. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47122 WP No. 33398 of 2025 4. THE DEPUTY SUPERINTENDENT OF POLICE BHADRAVATHI DIVISION, BHADRAVATHI, SHIVAMOGGA DISTRICT - 577 301. 5. THE STATION HOUSE OF OFFICER BHADRAVATHI RURAL POLICE STATION, BHADRAVATHI TALUK SHIVAMOGGA DISTRICT - 577 301. …RESPONDENTS (BY SMT. K.P. YADHODHA, AGA) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH IMPUGNED ORDER DATED 28/08/2025 BEARING NO. M.A.G/EXTERNMENT/47/2025 PASSED BY THE ASSISTANT COMMISSIONER, SAGARA SUB-DIVISION, SHIVAMOGGA DISTRICT, AS PER ANNX-A TO THE WRIT PETITION, ETC., THIS WRIT 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 Additional Government Advocate accepts notice for respondents. 2. Petitioner is before this Court seeking for the following reliefs: - 3 - HC-KAR NC: 2025:KHC:47122 WP No. 33398 of 2025 "(i) Issue a writ of Certiorari or any other writ or direction and to quash impugned order dated 28.08.2025 bearing No.M.A.G./Externment/ 47/ 2025 passed by the Assistant Commissioner, Sagara Sub-division, Shivamogga District, as per Annexure A to the writ petition. (ii) To pass any other such order/s as deems fit by this Hon'ble court in the facts and circumstances of the case in the interest of justice and equity." 3. What has been challenged is an order passed under Section 55 of the Karnataka Police Act, 1963, externing the petitioner. 4. A perusal of the papers would indicate that notice had been issued by the Assistant Commissioner. The petitioner had entered appearance before the Assistant Commissioner, was represented by a legal counsel, addressed his arguments and a reasoned order has been passed by the Assistant Commissioner. 5. Whether the reasons are right or wrong would have to be adjudicated in an appeal to be filed under Section 59 of the Karnataka Police Act. A writ would - 4 - HC-KAR NC: 2025:KHC:47122 WP No. 33398 of 2025 not be maintainable once the principles of natural justice have been complied with. 6. Reserving liberty to the petitioner to approach the appropriate authority under Section 59 of the Karnataka Police Act, 1963, by extending the limitation period to file such an appeal by ten days from today, the petition stands disposed. SD/- (SURAJ GOVINDARAJ) JUDGE BMV* List No.: 1 Sl No.: 20