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2026 DAILYLAW 43545 (KAR)

SRI SUFIYAN ABID KHAN @ SUFIYAN v. THE STATE OF KARNATAKA

WP/30534/2026 · 2026-09-28

C M Poonacha

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010668752026 NC: 2026:KHC:53897 WP No. 30534 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 30534 OF 2026 (GM-POLICE) BETWEEN: SRI SUFIYAN ABID KHAN @ SUFIYAN S/O LATE ILIYAZ PASHA AGED ABOUT 25 YEARS, R/AT, WARD NO.84, 3RD CROSS, SOUTH BLOCK SHANTHI NAGAR, 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-01 2. POLICE INSPECTOR UDAYAGIRI POLICE STATION MYSORE CITY - 570 001 …RESPONDENTS (BY SRI. HARISH. A.S., AGA) 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/04/2025 - 2 - HC-KAR CNR: KAHC010668752026 NC: 2026:KHC:53897 WP No. 30534 of 2026 DATED 02.07.2026 (ANNEXURE-A) PASSED BY THE RESPONDENT NO.1 ETC. 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/04/2025 dated 02.07.2026 (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 case of the petitioner that the impugned order dated 02.07.2026 (Annexure-A to the writ petition) externing the petitioner from 02.07.2026 to 02.01.2027 that is for a period of six months from externing the Police Station limits of Mysuru District to Chikkaballapur Town is passed without notice to the petitioner and without the petitioner having been had an adequate opportunity to respond to the same. Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 3 - HC-KAR CNR: KAHC010668752026 NC: 2026:KHC:53897 WP No. 30534 of 2026 3. Learned counsel for the petitioner further submits that the impugned order passed by respondent No.1 is without jurisdiction. In that regard, reliance is placed on the judgment of the Co-ordinate Bench of this Court in the case of Chandrakant Shankar Vaddar v State of Karnataka & Others1. 4. In view of the fact that the impugned order adversely affect the petitioner, as also having regard to the fact that the said impugned order is one without jurisdiction, the relief sought for by the petitioner merits consideration. 5. Accordingly, the following: ORDER i) The writ petition is allowed; ii) The order bearing No.MAG- 2/EXTERNMENT/04/2025 dated 02.07.2026 passed by respondent No.1 (Annexure-A to the writ petition) is hereby quashed; 1 WP No.104096/2026 - order dated 24.08.2026 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010668752026 NC: 2026:KHC:53897 WP No. 30534 of 2026 iii) It shall be open to the concerned authorities to initiate appropriate proceedings against the petitioner after giving the petitioner an adequate opportunity of hearing in accordance with law. (C.M. POONACHA) JUDGE PNV List No.: 1 Sl No.: 38 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA