- 1 - HC-KAR CNR: KAHC010336602023 NC: 2026:KHC:53060 WP No. 14165 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA WRIT PETITION No.14165 OF 2023 (GM-RES) BETWEEN: SRI NARASAPPA @ NARASAIAH S/O LATE GANGAPPA @ GANGAIAH AGED ABOUT 73 YEARS RESIDING AT MADHAVANAGAR, GOWRIBIDANUR CHICKBALLAPURA DISTRICT PIN - 562 102 …PETITIONER (BY SRI. HANUMANTHAPPA B. HARAVIGOWDAR, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER CHIKKABALLAPURA SUB-DIVISION CHIKKABALLAPURA-562 102. 2. THE SUPERINTENDENT OF POLICE CHICKBALLAPURA CHIKKABALLAPURA DISTRICT PIN 561 102 …RESPONDENTS (BY SRI SURYA MUKUNDARAJ, ADDITIONAL PUBLIC PROSECUTOR) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 CODE OF CRIMINAL PROCEDURE PRAYING TO QUASHING OF THE ORDER DATED 06/04/2023 PASSED BY R1 BEARING NO M A G CR (GAU)83/2019-20 VIDE ANNEXURE-A IN SO FAR AS PETITIONER IS CONCERNED AND ETC., Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010336602023 NC: 2026:KHC:53060 WP No. 14165 of 2023 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri Hanumanthappa B. Haravigowda, learned counsel for the petitioner and Sri Surya Mukundaraj, learned Additional Public Prosecutor. 2. Petition under Articles 226 and 227 of the Constitution of India r/w Section 482 of the Code of Criminal Procedure with the following prayer: “(a) Issue a writ in the nature of certiorari, quashing of the order dated 06.04.2023 passed by the 1st respondent bearing No.M.A.G.CR.(GAU)83/2019-20 vide Annexure-A insofar as petitioner is concerned; (b) Issue a writ in the nature of certiorari quashing of entire proceedings in C.C.No.993/2016 on the file of Judicial Magistrate First Class at Gowribidanur, vide Annexure-C insofar as petitioner is concerned.” - 3 - HC-KAR CNR: KAHC010336602023 NC: 2026:KHC:53060 WP No. 14165 of 2023 3. An order of externment has been passed against the petitioner vide Order dated 06.04.2023 marked at Annexure-A. The only allegation against the petitioner which has been made as the basis to pass Annexure-A is that petitioner was caught when he was playing matka. 4. Except the same, there is no other criminal background insofar as the petitioner is concerned. 5. Sri Surya Mukundaraj, learned Additional Public Prosecutor, is unable to point out as to what are the criminal activities that the petitioner possess which would enable the Executive Magistrate to pass the order at Annexure-A. 6. Learned Additional Commissioner/Executive Magistrate, Chikkaballapura, has passed the order at Annexure-A without taking note of the fact that a person playing matka cannot be treated as a known criminal so as to pass an order of externment. 7. As such, this Court is of the view that a case is made out to quash Annexure-A. - 4 - HC-KAR CNR: KAHC010336602023 NC: 2026:KHC:53060 WP No. 14165 of 2023 8. Hence, following: ORDER (i) Petition allowed. (ii) The Order dated 06.04.2023 vide Annexure-A is hereby quashed. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 61 CT:VRR