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2023 Supreme(Kar) 1139

M. NAGAPRASANNA
Mahantayya – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
Shriharsh A.Neelopant, Advocate, V.S.Kalasurmath, Advocate

JUDGMENT

1. Learned HCGP is directed to accept notice for respondents.

2. The petitioner is before this Court calling in question the order dtd. 28/7/2023 passed by the 2nd respondent/Assessment Commissioner cum-Sub-Divisional Magistrate, Bailhongal externing the petitioner from Bailhongal Sub-Division to Bagalkot for a period of three months.

3. Heard Sri Shriharsh A.Neelopant, learned counsel appearing for the petitioner and Sri V.S. Kalasurmath, learned High Court Government Pleader appearing for the respondents.

4. Facts, in brief, germane are as follows:

    The petitioner is a resident of Bailhongal. The petitioner gets embroiled in 3 crimes, all for offences punishable under Sec. 78(3) of the Karnataka Police Act, 1963 ('Act' for short). The first of the crime was registered in the year 2015; the next in 2021 and the third in the year 2022, all for the aforesaid offence. The offence under Sec. 78(3) of the Act is admittedly noncognizable. It transpires that those cases which were in Crime Nos.41 of 2015, 127 of 2021 and 78 of 2022 have all been closed on imposition of fines. Notwithstanding their closure, a report appears to have been generated against the petitioner that he is i

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