IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 33786 OF 2025 (GM-POLICE)

BETWEEN:

JAMEER PASHA @ JANDU, S/O MAQBOOL, AGED ABOUT 46 YEARS, R/AT DURGAI MAKHAN ROAD, HOUSE NO 2619, MKDK ROAD, MANDI MOHALLA, MYSURU 570 005.

…PETITIONER (BY SRI R.K. MAHADEVA, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, REP. BY POLICE INSPECTOR, MANDI POLICE STATION, MYSURU CITY, MYSURU, PIN CODE 570 005.

Digitally signed by SHWETHA 2. THE SPECIAL EXECUTIVE MAGISTRATE RAGHAVENDRA AND DEPUTY COMMISSIONER OF POLICE, Location: HIGH COURT OF LAW AND ORDER, KARNATAKA NEAR NAZARBAD, MYSURU CITY, MYSURU 570 001.

…RESPONDENTS (BY SMT. K P YASHODHA, AGA)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE ONSTITUTION OF INDIA PRAYING TO ALLOW THE PETITION AND QUASH THE ORDER PASSED BY THE R2 BEARING NO. MAG(2)/30/2025 DATED 28/10/2025 IN RESPECT OF THIS PETITIONER VIDE ANNEXURE-A.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. Learned AGA accepts notice for respondents.

2. The petitioner is before this Court seeking for the following reliefs;

a. "Allow the petition and quash the order passed by the 2nd respondent bearing No. M.A.G(2)/

UÀr¥ÁgÀÄ/

30/2025 dated 28.10.2025 in respect of this Petitioner vide Annexure-A, in the interest of justice.

b. Pass such other order/s as this Hon'ble Court deems fit to grant under the facts and circumstances of the case, in the interest of justice and equity."

3. A short grievance of the petitioner is that without notice having been served on the petitioner, the impugned order of externment has been passed under Section 55 Karnataka Police Act, 1963. An order of externment being one which impinges upon the right to life and liberty under Article 21 of the Constitution of India, I am of the considered opinion that the principles of natural justice have to be followed.

4. Though learned AGA submits that notice has been served, the fact remains that petitioner has not appeared before respondent No.2.

5. In my considered opinion, interest of justice could be served by fixing a date for appearance of the petitioner before respondents No.2 and for respondent No.2 to afford an opportunity of hearing to the petitioner and pass necessary orders.

6. In that view of the matter, I pass the following;

ORDER

i. The writ petition is allowed.

ii. A certiorari is issued, order passed by respondent No.2 bearing No.

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M.A.G(2)/ 30/2025 dated 28.10.2025 at Annexure-A is quashed.

iii. The matter is remitted to respondent No.2 for fresh consideration. The petitioner shall appear before respondent No.2 without requirement of any further notice on 24.11.2025 at 2:30 PM and file his objection as also be ready to address arguments before respondent No.2 on that day.

iv. Once the said objections are filed, hearing is granted, respondent No.2 to consider and pass necessary orders in accordance with law.

SD/-

(SURAJ GOVINDARAJ)

JUDGE SR List No.: 1 Sl No.: 28