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2026 DAILYLAW 3072 (KAR)

SRI SYED SARDAR v. THE STATE OF KARNATAKA

WP/2685/2026 · 2026-04-06

Sachin Shankar Magadum

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:18465 WP No. 2685 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.2685 OF 2026 (GM-POLICE) BETWEEN: SRI. SYED SARDAR S/O SAYED GHAFFAR AGED ABOUT 35 YEARS R/AT #281/4, BEEDI COLONY, GALLPURA VILLAGE, CHAMARAJANAGARA TOWN, CHAMARAJANAGAR - 571 313 …PETITIONER (BY SRI. MANOJ S N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, HOME DEPARTMENT, 2ND FLOOR, VIDHANA SOUDHA, BENGALURU - 560 001. 2. DEPUTY COMMISSIONER OFFICE OF DEPUTY COMMISSIONER CHAMARAJANAGAR - 571 313. 3. ASSISTANT COMMISSIONER ASSISTANT DISTRICT EXECUTIVE MAGISTRATE KOLEGALA SUB-DIVISION KOLEGALA - 571 440. …RESPONDENTS (BY SRI. VIKAS ROJIPURA., AGA) Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18465 WP No. 2685 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 24.12.2025 PASSED IN BEARING NO.MAG(GA)/CR/07/2025 PASSED BY THE 3RD RESPONDENT AS PER ANNEXURE-A AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER An order of externment under Section 55 of the Karnataka Police Act, 1963 (for short "the Act") has been passed against the petitioner after issuance of notice and upon affording due opportunity of hearing. 2. Learned Additional Government Advocate has raised a preliminary objection as to the maintainability of the present petition, contending that the petitioner has an efficacious statutory remedy of appeal under Section 59 of the Act. Accepting the said objection, this Court is of the view that the petition is not maintainable in view of the availability of an alternative remedy. - 3 - HC-KAR NC: 2026:KHC:18465 WP No. 2685 of 2026 3. Accordingly, the petition stands dismissed, reserving liberty to the petitioner to avail the remedy of appeal under Section 59 of the Act, if not already availed. 4. It is further clarified that, in the event the petitioner has already preferred an appeal under Section 59 and the same has been adjudicated by the Appellate Authority, it is open to the petitioner to challenge the order of the Appellate Authority in accordance with law. The petitioner cannot, in such circumstances, directly assail the original order of externment passed under Section 55 of the Act before this Court. All contentions are left open. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE DKB List No.: 1 Sl No.: 50