A N Kumar vs the State of Karnataka

A N Kumar vs The State of Karnataka

Type Court Judgment Court Karnataka Orders Decided May 09, 2024

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Citation: sooperkanoon.com/1817261
Court: Karnataka Orders High Court
Judge: Sachin Shankar Magadum
Decided On: May 09, 2024
Case Number: WP/102773/2024

Parties & Advocates

Appellant / Petitioner

A N Kumar

Respondent

The State of Karnataka

Excerpt

.....for r1 to r5) this writ petition is filed under articles 226 and 227 of the constitution of india, praying to, quash the impugned order dated. 23-04-2024 bearing no. sum/cum/m.a.g/03/2024-25 passed by respondent no.02/ the assistant commissioner and sub-divisional magistrate, koppal vide annexure-c in the interest of justice. -2-this petition coming on for preliminary hearing, this day, the court made the following: the petitioner is assailing the order of externment passed by the respondent no.2 as per annexure-c.2. learned aga has brought to the notice of this courtthat against the order of externment passed by the competent authority, an aggrieved person can prefer an appeal under section 59 of the karnataka police act, 1963.3. reserving the liberty to the petitioner to availremedy of an appeal before the competent authority, this court passes the following: a) writ petition stands disposed off. b) liberty is reserved to the petitioner to approach the authority within a period of two weeks from the date of receipt of certified copy of this order. -3- c) order of externment is kept under suspension for a period of two weeks. sd/- judge jtr ct:vp list no.: 1 sl no.: 71

Full Judgment

-1- IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF MAY, 2024 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.102773 OF 2024 (GM-RES) BETWEEN: A.N. KUMAR S/O. NAGAPPA ADIN, AGE. 37 YEARS, OCC. BUSINESS, R/O. WARD NO.1, NEAR KENCHAMMA TEMPLE, GANGAVATI, TQ. GANGAVATI, DIST. KOPPAL-583227. …PETITIONER (BY SRI. B.C. JNANAYYA SWAMI, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, VIDHAN SOUDHA, BENGALURU-560001.
2. THE ASSISTANT COMMISSIONER AND SUB-DIVISIONAL MAGISTRATE, KOPPAL-583231.
3. THE SUPERINTENDENT OF POLICE,

KOPPAL-583231. ROHAN HADIMANI 4. THE DEPUTY SUPERINTENDENT OF POLICE, T Digitally signed by ROHAN HADIMANI T GANGAVATI, DISTRICT KOPPAL-583231. Location: High Court of Karnataka, Dharwad Bench Date: 2024.05.09 16:55:23 +0530

5. THE PSI GANGAVATI RURAL PS,

GANGAVATI, DIST. KOPPAL-583231. …RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, QUASH THE IMPUGNED ORDER DATED. 23-04-2024 BEARING NO. Sum/Cum/M.A.G/03/2024-25 PASSED BY RESPONDENT NO.02/ THE ASSISTANT COMMISSIONER AND SUB-DIVISIONAL MAGISTRATE, KOPPAL VIDE ANNEXURE-C IN THE INTEREST OF JUSTICE. -2-

THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: The petitioner is assailing the order of externment passed by the respondent No.2 as per Annexure-C.

2. Learned AGA has brought to the notice of this Court

that against the order of externment passed by the competent authority, an aggrieved person can prefer an appeal under Section 59 of the Karnataka Police Act, 1963.

3. Reserving the liberty to the petitioner to avail

remedy of an appeal before the competent Authority, this Court passes the following: a) Writ Petition stands disposed off. b) Liberty is reserved to the petitioner to approach the Authority within a period of two weeks from the date of receipt of certified copy of this order. -3- c) Order of externment is kept under suspension for a period of two weeks. Sd/- JUDGE JTR CT:VP LIST NO.: 1 SL NO.: 71

Same Court & Year Karnataka Orders · 2024 Same Parties A N Kumar vs The State of Karnataka Same Judge Sachin Shankar Magadum