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2026 DAILYLAW 31638 (KAR)

MR NAVEEN v. THE STATE OF KARNATAKA

WP/22598/2026 · 2026-07-28

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010494992026 NC: 2026:KHC:39050 WP No. 22598 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 22598 OF 2026 (GM-POLICE) BETWEEN: MR NAVEEN S/O NARASIMHAIAH, AGED ABOUT 44 YEARS, RESIDING AT NO. 29, 6TH CROSS, NEAR MAURYA SCHOOL, MARUTHI NAGAR, KAMAKSHIPALYA, BENGALURU 560 079 PRESENTLY AT CHIKKAGOWDINAHALLI VILLAGE, CHIKKABALLAPURA …PETITIONER (BY SRI. DILIP KUMAR I S.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU 560 001 2. THE DEPUTY COMMISSIONER OF POLICE WEST DIVISION, BENGALURU CITY, BENGALURU 560 001 3. THE ASSISTANT COMMISSIONER OF POLICE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010494992026 NC: 2026:KHC:39050 WP No. 22598 of 2026 VIJAYANAGAR SUB DIVISION, BENGLAURU CITY, BENGLAURU 560 040 4. THE POLICE INSPECTOR KAMAKSHIPALYA POLICE STATION, BENGALURU CITY, BENGALURU 560 079 …RESPONDENTS (BY SRI. PANINI A.H, AGA) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING AND SETTING ASIDE THE IMPUGNED ORDER OF EXTERNMENT NO.14/MAG/GADIPARU/DCP(W)/2026 DTD 03.07.2026 PASSED BY THE R2 PRODUCED HEREWITH AS ANNX-A.GRANT AN INTERIM ORDER TO STAY THE OPERATION ,EXECUTION AND IMPLEMENTATION OF THE IMPUGNED ORDER OF EXTERNMENT DTD 03.07.2026(ANNX-A). 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 is directed to accept notice for the respondents. 2. The petitioner is before this Court seeking for the following reliefs: - 3 - HC-KAR CNR: KAHC010494992026 NC: 2026:KHC:39050 WP No. 22598 of 2026 "1. Issue a Writ of Certiorari, or any other appropriate writ, order or direction in the nature thereof, quashing and setting aside the order impugned of externment No. 14/MAG/ Gadiparu/DCP(W)/2026 dated 03.07.2026 passed by the 2nd Respondent, produced herewith as ANNEXURE-A; 2. Pass such other and further order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interests of justice and equity." 3. What is being challenged is an order of externment passed under Section 55 of the Karnataka Police Act, 1963 ('Act' for short). Before the said order was passed, the petitioner was issued a notice and was given an opportunity to make his submissions. The explanation submitted by the petitioner has been considered though not in favour of the petitioner. In that view of the matter, the petitioner has a statutory appellate remedy in terms of Section 59 of the Act. 4. There being no violation of the principles of natural justice nor there being any foundational jurisdictional error requiring this Court to exercise its powers under Articles 226 and 227 of the Constitution of India, the writ petition - 4 - HC-KAR CNR: KAHC010494992026 NC: 2026:KHC:39050 WP No. 22598 of 2026 stands dismissed reserving liberty to the petitioner to avail of the statutory appellate remedy under Section 59 of the Act. 5. Any interim application filed by the petitioner would necessarily have to be considered by the appellate authority in accordance with law. Sd/- (SURAJ GOVINDARAJ) JUDGE ND List No.: 1 Sl No.: 12