- 1 - HC-KAR CNR: KAHC010668762026 NC: 2026:KHC:53201 WP No. 30469 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 30469 OF 2026 (GM-POLICE) BETWEEN: SRI. SHABAZ @ BOND S/O ABDUL SAMAD AGED ABOUT 23 YEARS, R/AT, NO.2704, MKDK ROAD, MANDI MOHALLA, MYSORE CITY - 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 - 01 2. POLICE INSPECTOR MANDI POLICE STATION MYSORE CITY - 570 001 …RESPONDENTS (BY SRI. PANINI A.H., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER IN CASE NO.MAG(2)/EXTERNMENT/13/2026 DATED 18.08.2026 (ANNEXURE A) PASSED BY THE R1. - 2 - HC-KAR CNR: KAHC010668762026 NC: 2026:KHC:53201 WP No. 30469 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 seeking for the 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/13/2026 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 circumstance of the above case, in the interest of justice and equity. " 2. It is a case of the petitioner that consequent to the notice dated 20.06.2026, he appeared before respondent No.1 - Deputy Commissioner of Police on 30.07.2026. However, no objections have been filed. 3. It is the contention of the learned counsel for the petitioner that without giving any further opportunity the impugned order dated 18.08.2026 (Annexure-A to the writ petition) has been passed. Hence, it is contended that the Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 3 - HC-KAR CNR: KAHC010668762026 NC: 2026:KHC:53201 WP No. 30469 of 2026 petitioner did not have an adequate opportunity to contest the proceedings initiated against him, consequent to which the impugned order dated 18.08.2026 (Annexure-A to the writ petition) has been passed. 4. It is forthcoming that the impugned order is passed under Section 55 of the Karnataka Police Act, 19631. The said order adversely affects the rights of the petitioner. The petitioner not having contested the said proceedings, it is expedient that another opportunity be afforded to the petitioner to contest the same. 5. It is further contented that respondent No.1 does not have the jurisdiction to issue the notice as also the impugned order dated 18.08.2026 having regard to the judgment of the Co-ordinate Bench of this Court in the case of Chandrakant Shankar Vaddar v State of Karnataka & Others2. 6. In view of the aforementioned, the relief sought for in the present writ petition merits consideration. 7. Accordingly, the following: 1 Hereinafter referred as to 'Act' 2 WP No.104096/2026 - order DD 24.08.2026 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010668762026 NC: 2026:KHC:53201 WP No. 30469 of 2026 ORDER i. The writ petition is allowed; ii. The impugned order bearing No. MAG(2)/EXTERNMENT/13/2026 dated 18.08.2026 passed by respondent No.1 - Deputy Commissioner of Police (Annexure-A to the writ petition) is hereby quashed; iii. Liberty is reserved to the concerned respondents to initiate appropriate proceedings in accordance with law; iv. All the contentions of the parties on the merits of the matter are kept open to be considered in appropriate proceeding. (C.M. POONACHA) JUDGE PNV List No.: 1 Sl No.: 20 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA