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2026 DAILYLAW 37377 (KAR)

OMARUDDIN FAROOQ v. THE STATE OF KARNATAKA

WP/26939/2026 · 2026-08-29

Suraj Govindaraj

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010594872026 NC: 2026:KHC:47066 WP No. 26939 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 26939 OF 2026 (GM-POLICE) BETWEEN: OMARUDDIN FAROOQ, S/O MOHAMMED BASHEERUDDIN, AGED ABOUT 40 YEARS, NO.107, ROYAL TEA CENTER, AMMAVARET, KOLAR – 563 101. …PETITIONER (BY SRI. SREEDHARA G.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDA, AMBEDKAR VEEDI, BANGALORE – 560 001. 2. THE SUPERINTENDENT OF POLICE AND SPECIAL EXECUTIVE MAGISTRATE, KOLAR DISTRICT, KOLAR – 563 101. 3. THE POLICE INSPECTOR, KOLAR TOWN POLICE, KOLAR – 563 101. …RESPONDENTS (BY SMT.SARITHA KULKARNI, AGA FOR STATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010594872026 NC: 2026:KHC:47066 WP No. 26939 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 05.08.2026 IN SANKE/GADIPARU/MAG/16/2026 PASSED BY THE R2 VIDE ANNX-A; GRANT AN INTERIM ORDER TO STAY THE FURTHER PROCEEDINGS/ EXECUTION IN THE ORDER DATED 05.08.2026 IN SANKE/GADIPARU/MAG/16/2026 PASSED BY THE R2 VIDE ANNX-A TILL DISPOSAL OF THE MAIN PETITION. 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: "a. Issue a writ of certiorari, quash the order dated 05/08/2026 in SANKE/GADIPARU/M.A.G/16/2026 passed by the 2nd respondent vide Annexure A; ii) This hon'ble court may be pleased to grant any such other relief or reliefs as this Hon'ble court deems it fit to grant in the facts and circumstances of the case." 3. What is challenged is the Externment Order passed under Section 55 of the Karnataka Police Act, 1963. - 3 - HC-KAR CNR: KAHC010594872026 NC: 2026:KHC:47066 WP No. 26939 of 2026 4. A perusal of the order indicates that the petitioner has been served with a notice as also has appeared before the Executive Magistrate and made a submission, which has been considered by respondent No.2 albeit to the detriment of the petitioner. The notice having been issued, the petitioner having been heard, the principles of natural justice have not been violated. The petitioner has a statutory remedy of appeal in terms of Section 59 of the Karnataka Police Act, 1963. Reserving liberty to the petitioner to approach the Appellate Authority under Section 59 of the Karnataka Police Act, 1963, the petition stands disposed of. Respondents are directed not to take any coercive steps or execute the order dated 05.08.2026 at Annexure-A until the appeal is taken up for consideration. Sd/- (SURAJ GOVINDARAJ) JUDGE HDK