IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
M.NAGAPRASANNA
shailesh S/o Sambhaji Bodhale – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court seeking the following reliefs:
a. “Issue a writ in the nature of Certiorari to quash the impugned order dated 05.11.2025, passed by the 2nd respondent i.e. The Assistant Commissioner Cum Sub Divisional Magistrate, Chikodi Sub- Division, Chikodi bearing No.MAG/CR-14/Gadiparu/2025-26 under section 55 and 56 of the KARNATAKA POLICE ACT 1963 vide ANNEXURE-C in so far as petitioner is concern, in the interest of justice.
b. To Issue any other order or direction as this Hon’ble Court deems fit in the interest of justice.”
2. Heard the learned counsel Sri. Kishor Sudhakar Sutar appearing for the petitioner and the learned AGA Sri. T. Hanumareddy representing respondents.
3. Learned counsel appearing for the petitioner would submit that, the issue in the lis stands covered by the judgment rendered by the Co-ordinate Bench of this Court in Writ Petition No.30021/2025, disposed off on 17th November 2025, wherein it is held as follows:
8. The points that would arise for consideration are;
1. Whether all police reports and documents, including FIR, statements, charge sheet, etc., are required to be furnished
An externment order requires clear justification under the applicable section, ensuring the principles of natural justice are followed, including the requirement of informing the general nature of al....
Complete disclosure of documents in externment proceedings is not required; only general allegations must be communicated, upholding procedural fairness.
The court ruled that an externment order does not necessitate providing all police documents, only the general nature of material allegations, while emphasizing adherence to procedural requirements u....
An externment order must specify the applicable legal provision and adhere to procedural fairness, including proper disclosure of material allegations and opportunities for the individual to respond.
The Assistant Commissioner must specify the provision used for externment and comply with procedural requirements, while the full disclosure of documents is not mandated under the Karnataka Police Ac....
Externment orders must disclose the general nature of allegations to ensure compliance with the principles of natural justice.
The court affirmed that while general allegations must be disclosed to persons facing externment, full police documents are not required, emphasizing procedural clarity and the necessity of a reasone....
Only the general nature of material allegations must be provided in externment cases, not the entire documentation, ensuring compliance with principles of natural justice.
The court established that only material allegations need to be disclosed to a person sought to be externed, and the externment order must clearly indicate the provision under which it was passed.
The court ruled that the general nature of allegations must be communicated to a person sought to be externed, without requiring full disclosure of police reports, maintaining compliance with natural....
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