Akhil vs the State of Karnataka

AKHIL vs The State of Karnataka

Type Court Judgment Court Karnataka Orders Decided Jul 26, 2024

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Citation: sooperkanoon.com/1910568
Court: Karnataka Orders High Court
Judge: S.R.Krishna Kumar
Decided On: Jul 26, 2024
Case Number: WP/12773/2024

Parties & Advocates

Appellant / Petitioner

AKHIL

Respondent

The State of Karnataka

Excerpt

.....to reiterating the various contentions urgedin the memorandum of petition and referring to the material on record, learned counsel for the petitioner submits that the impugned order passed by the 1st respondent directing externment of the petitioner is not only contrary to the provisions and procedure prescribed / contained in sections 55 to 58 of the k.p.act, but also against the principles governing externment as enunciated by the apex court in the case of deepak vs. state of maharashtra - 2022 scc online sc 99 which has been followed by this court in the case of giddappa vs. lambu giddappa vs. state of-3- karnataka and others - w.p.no.8182/2023 dated 21.04.2023 and in the case of shakeeb @ mohammed shakeebullah vs. state of karnataka & others - w.p.no.14426/2023 dated 28.11.2023. it is therefore submitted that the impugned order passed by the respondents deserve to be quashed.4. per contra, learned aga for the respondents would support the impugned order and submits that there is no merit in the petition and the same is liable to be dismissed.5. as rightly contended by the learned counsel for thepetitioner, a perusal of the material on record including the impugned order will clearly indicate that the 1st respondent has failed to follow the mandatory requirements and procedure prescribed under sections 55 to 58 of the karnataka police act, while passing the impugned order, which is clearly contrary to the principles enunciated by the apex court and this court in the judgments referred to supra. under these circumstances, i am of the view that the impugned order passed by the 1st respondent at annexure-a dated 18.04.2024 deserves to be quashed.6. in the result, i pass the following:order(i) petition is hereby allowed. -4-(ii) the impugned order dated 18.04.2024 at annexure - a passed by the 1st respondent is hereby quashed. sd/- (s.r.krishna kumar) judge bmc list no.: 5 sl no.: 11

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JULY, 2024 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 12773 OF 2024 (GM-POLICE) BETWEEN: AKHIL S/O VIJAY KUMAR, AGED ABOUT 33 YEARS, R/AT VIJAY NAGAR LAYOUT, HASSAN CITY, …PETITIONER (BY SRI. SAMPATH KUMAR A V., ADVOCATE) AND:
1. THE STATE OF KARNATAKA, BY ASSISTANT COMMISSIONER, HASSAN SUB-DIVISION,
2. SUPERINTENDENT OF POLICE, HASSAN CITY, HASSAN DISTRICT,
Digitally signed      REP. BY SPP,
by                    HIGH COURT BUILDING,
LEELAVATHI S          BENGALURU - 01.
R Location: HIGH 3. POLICE INSPECTOR, COURT OF KARNATAKA HASSAN CITY POLICE STATION, HASSAN DISTRICT - 34. …RESPONDENTS (BY SRI. S T NAIK, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER IN CASE NO.MAG/237/2023-24 DATED -2- THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, the petitioner seeks quashing of the impugned externment order at Annexure-A dated 18.04.2024 passed by respondent No.1 under Section 55 of the Karnataka Police Act, 1963 (for short “the K.P. Act”).

2. Heard learned counsel for the petitioner and learned AGA for the respondents and perused the material on record.

3. In addition to reiterating the various contentions urged

in the memorandum of petition and referring to the material on record, learned counsel for the petitioner submits that the impugned order passed by the 1st respondent directing externment of the petitioner is not only contrary to the provisions and procedure prescribed / contained in Sections 55 to 58 of the K.P.Act, but also against the principles governing externment as enunciated by the Apex Court in the case of Deepak vs. State of Maharashtra - 2022 SCC OnLine SC 99 which has been followed by this Court in the case of Giddappa Vs. Lambu Giddappa Vs. State of

-3- Karnataka and others - W.P.No.8182/2023 dated 21.04.2023 and in the case of Shakeeb @ Mohammed Shakeebullah vs. State of Karnataka & others - W.P.No.14426/2023 dated 28.11.2023. It is therefore submitted that the impugned order passed by the respondents deserve to be quashed.

4. Per contra, learned AGA for the respondents would support the impugned order and submits that there is no merit in the petition and the same is liable to be dismissed.

5. As rightly contended by the learned counsel for the

petitioner, a perusal of the material on record including the impugned order will clearly indicate that the 1st respondent has failed to follow the mandatory requirements and procedure prescribed under Sections 55 to 58 of the Karnataka Police Act, while passing the impugned order, which is clearly contrary to the principles enunciated by the Apex Court and this Court in the judgments referred to supra. Under these circumstances, I am of the view that the impugned order passed by the 1st respondent at Annexure-A dated 18.04.2024 deserves to be quashed.

6. In the result, I pass the following:

ORDER

(i) Petition is hereby allowed. -4-

(ii) The impugned order dated 18.04.2024 at Annexure - A passed by the 1st respondent is hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 5 Sl No.: 11

Same Court & Year Karnataka Orders · 2024 Same Parties AKHIL vs The State of Karnataka Same Judge S.R.Krishna Kumar