IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 26^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR CRIMINAL REVISION PETITION NO. 100058 OF 2026 (397 OF Cr.PC/438 OF BNSS)

BETWEEN:

SRI PANDURANGA P. C. S/O. NARASHIVALU, AGE: 48 YEARS, OCC: COOLIE, R/O. BESIDE SRIRAMPURA COLONY, BALLARI, DIST. BALLARI-583101.

…PETITIONER (BY SRI VIJAYKUMAR HIREMATH, ADV. FOR SRI SRINIVAS NAIK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, REPRESENTED BY ASSISTANT COMMISSIONER, BALLARI AND SUB DIVISIONAL MAGISTRATE, BALLARI, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011.

2. THE SUPERINTENDED OF POLICE, Digitally signed by MALLIKARJUN BALLARI, DIST. BALLARI, REP. BY STATE PUBLIC RUDRAYYA KALMATH PROSECUTOR, HIGH COURT OF KARNATAKA, L C o o c u a r t t i o o n f : High Karnataka, DHARWAD BENCH-580011.

Dharwad Bench …RESPONDENTS (BY SRI JAIMAR SIDDI, HCGP FOR R1 & R2)

THIS CRIMINAL REVISION PETITION IS FILED U/S.397 R/W.401 OF THE CODE OF CRIMINAL PROCEDURE, (438 R/W.442 OF BNSS), PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 02.01.2026 ORDER NO:SA/KU/MAG/GADIPARU/40/2025-26 PASSED BY 1^ST RESPONDENT ASSISTANT COMMISSIONER AND SUB DIVISIONAL MAGISTRATE BALLARI IN THE ENDS OF JUSTICE & EQUITY AND ETC.

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

CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

ORAL ORDER

The present criminal revision petition is filed by the accused under Section 397 read with Section 401 of the Code of Criminal Procedure¹ (corresponding to Section 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023)², calling in question the order dated 02.01.2016 in Order No.SA/KU/MAG/GADIPARU/40/2025- 26, passed by the Assistant Commissioner and Sub- Divisional Magistrate, Ballari, whereby the petitioner has been externed under Section 55(a) of the Karnataka Police Act, 1963³

2. On perusal of the record, it is evident that, under Section 59 of the K.P.Act, an appeal lies against an order passed under Section 55(a) of the K.P.Act. In view of the availability of an efficacious alternative remedy, the present revision petition is not maintainable.

3. Accordingly, the revision petition stands dismissed. However, liberty is reserved to the petitioner to avail the remedy of appeal under Section 59 of the K.P.Act before the competent authority, in accordance with law.

Sd/-

(HANCHATE SANJEEVKUMAR)

JUDGE ASN /CT-AN List No.: 2 Sl No.: 90