Disposed

Ramu v. Deputy Commissioner

Karnataka HC6 Feb 2023CRL.RP/34/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a criminal revision petition challenging an externment order. Since an appeal under Section 59 of the Karnataka Police Act, 1963 was deemed not properly filed earlier, the revision was dismissed with liberty to prefer a fresh appeal within one month. The impugned order is stayed during the pendency of the appeal.

What did the court decide?

Revision petition disposed of with liberty to approach the Government/Appropriate Authority by filing a proper appeal under Section 59 within one month; impugned order stayed for three months.

Ramu Vs Deputy Commissioner — Constitutional and Fundamental Rights | Karnataka HC (2023)

¶1

¶2

CRL.RP No. 34 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 6^TH DAY OF FEBRUARY, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL REVISION PETITION NO. 34 OF 2023

¶7

BETWEEN:

¶8

RAMU S/O LATE DODDAIAH, AGED 47 YEARS, R/AT OPP. SHANI MAHATMA TEMPLE, NEAR NARASIMHA STORE, GARDEN ROAD, CHIKKAPETE, TUMKUR TOWN, TUMKUR-572 101.

¶9

…PETITIONER

¶10

(BY SRI. MADHUSUDHAN M.N., ADVOCATE)

¶11

AND:

¶12

DEPUTY COMMISSIONER TUMKUR DISTRICT, TUMKUR-572 101.

¶13

Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

¶14

ASSISTANT COMMISSIONER TUMKUR SUB DIVISION, TUMKUR-572 101.

¶15

SUB INSPECTOR OF POLICE TOWN POLICE STATION, TUMKUR-572 101. REP. BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001.

¶16

…RESPONDENTS

¶17

(BY SRI. KRISHNKUMAR K.K., HIGH COURT GOVERNMENT PLEADER)

¶18

2 - CRL.RP No. 34 of 2023

¶19

THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH SECTION 401 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 20.12.2022 OF EXTERNMENT PROCEEDINGS INITIATED AGAINST THE PETITIONER UNDER SECTION 55 OF THE KARNATAKA POLICE ACT, 1963 IN CASE NO.M.A.G:35:22 BY THE SECOND RESPONDENT AS PER ANNEXURE-G.

¶20

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

¶21

ORDER

¶22

The petitioner has challenged an Order dated 15.12.2022 (signed on 20.12.2002) passed by the respondent No.2 - Assistant Commissioner and Sub-divisional Magistrate, Tumakuru sub-division, externing the petitioner under Sections 55 and 56 of the Karnataka Police Act, 1963 (for short ‘the Act of 1963’).

¶23

Learned High Court Government Pleader submits that against the order impugned in this revision petition, an appeal is provided under Section 59 of the Act of 1963 before the Deputy Commissioner.

¶24

Learned counsel for the petitioner submits that an appeal was indeed filed before the respondent No.1 - Deputy Commissioner and District Magistrate, Tumakuru District.

¶25

¶26

CRL.RP No. 34 of 2023

¶27

However, respondent No.1 issued an endorsement on 28.12.2022 stating that the petitioner had not specifically disclosed the provision of the Act of 1963 under which the appeal was filed and consequently, closed / disposed off the appeal.

¶28

Perused the impugned Order passed by the respondent No.2 as well as the endorsement dated 28.12.2022 issued by the respondent No.1. It is evident from the impugned Order passed by the respondent No.2 that under the provisions of Sections 55 and 56 of the Act of 1963, the petitioner was externed for a period of six months from the limits of Tumakuru sub-division to Turuvekere Taluk of Tiptur sub-division. Against the said order, an appeal does lie under Section 59 of the Act of 1963 before the Government or the appropriate authority.

¶29

In that view of the matter, this Revision Petition is disposed off reserving liberty to the petitioner to approach the Government or the appropriate authority by filing appropriate appeal under Section 59 of the Act of 1963. The petitioner shall file an appropriate appeal before the Government or the appropriate authority within a period of one month from today.

¶30

¶31

CRL.RP No. 34 of 2023

¶32

Until then, the impugned order dated 15.12.2022 / 20.12.2022 passed by the respondent No.2 shall remain stayed. The Government or the appropriate authority is directed to dispose off the appeal as expeditiously as possible, at any rate within a period of three months thereafter.

¶33

All contentions of the parties are left open.

¶34

Sd/JUDGE

¶35

SMA

¶36

List No.: 1 Sl No.: 83

Ramu v. Deputy Commissioner

Case brief

What is this about?

What did the court decide?

Ramu v. Deputy Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S. Jmj Agro Exports Vs M/S. Abc Enterprises

Tareeq Anwar Vs State of Karnataka

Sri C.V. Srinivasegowda Vs Sri M.L. Venkatesh

Fareed Vs the State of Karnataka

Surendrababu Vs M C Ramesh

T Natesh Vs State of Karnataka