- 1 - HC-KAR CNR: KAHC010529922026 NC: 2026:KHC:42615 WP No. 24095 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 24095 OF 2026 (GM-POLICE) BETWEEN: SALEEM PASHA, S/O RAFIQ AHAMMAD, AGED ABOUT 40 YEARS, R/AT NO.3942, 2ND CROSS, BESIDE ANNAMMA THAYI TEMPLE, GANDINAGARA, MYSURU-570007. …PETITIONER (BY SRI. G M SHARATHKUMAR, ADVOCATE AND SRI. HUSNA KOUSER, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE SPECIAL EXECUTIVE MAGISTRATE AND DEPUTY COMMISSIONER OF POLICE, LAW AND ORDER, MYSURU CITY, MYSURU-570010. 3. THE POLICE INSPECTOR, NARASIMHARAJA POLICE STATION, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010529922026 NC: 2026:KHC:42615 WP No. 24095 of 2026 MYSURU CITY, MYSURU - 570007. …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED EXTERNMENT ORDER DATED 04.07.2026 PASSED BY RESPONDENT NO.2 IN NO. MAG(2)/GADIPARU/53/2025, PRODUCED AS ANNEXURE-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 accepts notice for respondent Nos.1 to 3. 2. Petitioner is before this Court seeking for the following reliefs: "WHEREFORE, in the facts and circumstances of the case, the Petitioner/Accused No.3 humbly prays that this Hon'ble court may be pleased: (i) Issue a writ of Certiorari or any other appropriate writ, order or direction, quashing the impugned externment order dated 04.07.2026 passed by Respondent No.2 in MAG(2)/GADIPARU/53/2025, produced as Annexure-A; (ii) To Grant, such other relief or reliefs as this Hon'ble Court deems fit to grant under the - 3 - HC-KAR CNR: KAHC010529922026 NC: 2026:KHC:42615 WP No. 24095 of 2026 circumstances of the case, in the interest of justice and equity." 3. The submission of Sri. G.M. Sharathkumar, learned counsel for the petitioner is that, notice had not been served on the petitioner and as such, the petitioner could not appear before respondent No.2. 4. Learned AGA submitted that notice had indeed been issued and been served, but the petitioner had not appeared and it is for that reason the matter proceeded. 5. The dispute is as regards service of notice. The acknowledgment of service has not been placed on record. Hence, the benefit of doubt would have to be made available to the petitioner. 6. In that view of the matter, now having extended the said benefit, it would have to be held that notice had not been served on the petitioner. As such, this Court passes the following: - 4 - HC-KAR CNR: KAHC010529922026 NC: 2026:KHC:42615 WP No. 24095 of 2026 O R D E R (i) Writ petition is allowed. (ii) The order dated 04.07.2026 bearing No.MAG(2)/GADIPARU/53/2025 passed by respondent No.2 at Annexure-A is set aside. (iii) The matter is remitted to respondent No. 2. (iv) The petitioner shall appear before the respondent No.2 without requirement of any further notice on 24.08.2026 at 02.30 p.m. and submit his written objections as also oral submissions on that day. (v) The same shall be considered by respondent No.2 in accordance with law and pass necessary orders within 30 days thereon. Sd/- (SURAJ GOVINDARAJ) JUDGE VBS/List No.: 1 Sl No.: 8