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2026 DAILYLAW 41333 (KAR)

SRI SYED REHMAN @ REHMAN v. THE STATE OF KARNATAKA

WP/29340/2026 · 2026-09-17

C M Poonacha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010646522026 NC: 2026:KHC:50712 WP No. 29340 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 29340 OF 2026 (GM-POLICE) BETWEEN: SRI. SYED REHMAN @ REHMAN S/O SYED MUHIDDIN AGED ABOUT 43 YEARS, R/AT NO.2635/3, SUNNI CHOWK, MANDI MOHALLA, MYSORE-570 001. …PETITIONER (BY SRI. GAURAV SUBRAMANYAM.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY DEPUTY COMMISSIONER OF POLICE MYSORE CITY REP. BY SPP HIGH COURT BUILDING BENGALURU - 560 001. 2. POLICE INSPECTOR MANDI POLICE STATION MYSORE CITY-570 001. …RESPONDENTS (BY SRI. HARISHA A.S. AGA FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER IN CASE NO. MAG(2)/EXTERNMENT/15/2026 DATED (ANNEXURE-A) PASSED BY THE RESPONDENT NO.1. 18.08.2026 AND ETC. - 2 - HC-KAR CNR: KAHC010646522026 NC: 2026:KHC:50712 WP No. 29340 of 2026 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present writ petition is filed Court seeking following reliefs : " a. Issue writ of certiorari or in the nature thereof or any other appropriate writ, quashing the impugned order in case No. MAG(2)/EXTERNMENT/15/2026 dated 18.08.2026 (ANNEXURE-A) passed by the respondent No. 1. b. Pass such an order which is deemed to be fit in the nature and circumstances of the above case, in the interest of justice and equity." 2. The impugned order dated 18.08.2026 (Annexure-A to the Writ Petition) has been passed by the respondent No.1- Deputy Commissioner of Police under Section 55 of the Karnataka Police Act, 1963. 3. The petitioner assails the impugned order dated 18.08.2026 (Annexure-A to the Writ Petition) primarily on two grounds. First, that the respondent No.1-Deputy Commissioner of Police is not empowered to pass the impugned order dated 18.08.2026, having regard to the judgment of a Co-ordinate Bench of this Court in the case of Chandrakanth Shankar Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 3 - HC-KAR CNR: KAHC010646522026 NC: 2026:KHC:50712 WP No. 29340 of 2026 Vaddar Vs. State of Karnataka and others1. Second, that the petitioner did not appear before the concerned authority before the impugned order dated 18.08.2026 was passed and hence the petitioner did not have any opportunity of hearing. 4. Learned AGA does not dispute the fact that consequent to the notice issued to the petitioner, the petitioner did not appear before the respondent No.1. 5. Having regard to the fact that petitioner did not contest the proceeding before the respondent No.1, as also having regard to the legal position as held by the Co-ordinate Bench of this Court in the case of Chandrakanth Shankar Vaddar1, the relief sought for by the petitioner in the present writ petition merits consideration. 6. Accordingly, the following: ORDER (i) Writ petition is partly allowed. 1 Order dated 24.08.2026 in W.P.No.104096/2026 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010646522026 NC: 2026:KHC:50712 WP No. 29340 of 2026 (ii) The impugned order dated 18.08.2026 (Annexure-A to the Writ Petition) passed by the respondent No.1-Deputy Commissioner of Police is hereby quashed. (iii) This order will not preclude the concerned authorities from initiating appropriate proceedings against the petitioner in accordance with law after affording sufficient opportunity of hearing to the petitioner. (C.M. POONACHA) JUDGE RL List No.: 1 Sl No.: 35 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA