Disposed

Nagaraj S/O Fakirappa Arer v. the Superintendent of Police, Haveri

Karnataka HC12 Jan 2023WP/100023/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition by observing that an alternative statutory appeal remedy existed. It directed the petitioner to file the appeal with a stay application by January 21, 2023, and stayed the impugned order pending the appellate authority's decision.

What did the court decide?

Petitioner directed to prefer statutory appeal by 21.01.2023; impugned order stayed pending appellate decision and conditional stay.

Nagaraj S/O Fakirappa Arer Vs the… — Constitutional and Fundamental Rights | Karnataka HC (2023)

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WP No. 100023 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 12^TH DAY OF JANUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR

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WRIT PETITION NO. 100023 OF 2023 (GM-RES)

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BETWEEN:

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NAGARAJ S/O. FAKIRAPPA ARER, AGE 36 YEARS, OCC. AGRICULTURE, ADUR 581101, TQ. HANGAL, DIST. HAVERI.

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…PETITIONER

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(BY SRI CHETAN MUNNOLI, ADVOCATE)

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AND:

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THE SUPERINTENDENT OF POLICE, HAVERI, SP OFFICE, HAVERI 581110.

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THE DEPUTY COMMISSIONER CUM DISTRICT MAGISTRATE, HAVERI DISTRICT,

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DISTRICT ADMINISTRATIVE COMPLEX, DEVAGIRI, HAVERI 581110.

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…RESPONDENTS

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(BY SRI PRASHANT V.MOGALI, HCGP FOR RESPONDENT NOS.1 AND 2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER DATED 07.12.2022 BEARING NO. MAG.VAHI.162.202223 PASSED BY THE 2ND RESPONDENT/DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE, HAVERI, VIDE ANNEXURE-A.

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WP No. 100023 of 2023

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

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ORDER

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In this petition, the petitioner seeks for quashing of the impugned order dated 07.12.2022 passed by the 2^nd respondent/ Deputy Commissioner and District Magistrate, Haveri under Section 58 of the Karnataka Police Act, 1963 (for short, the Act, 1963’) and for other reliefs.

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Though the several contentions have been urged by both sides in support of their respective claims, since the petitioner has equal efficacious and alternative remedy of preferring an appeal under Section 59 of the Act, 1963, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose off the petition directing the petitioner to prefer a statutory appeal on or before 21.01.2023.

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If such an appeal along with an application for

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stay of the impugned order is filed by the petitioner on or before 21.01.2023, the Appellate authority shall consider

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WP No. 100023 of 2023

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the application for stay and pass appropriate orders on the same or before 30.01.2023. It is further directed that till the Appellate authority passes an appropriate orders on the application for stay to be filed by the petitioner on or before 21.01.2023, the order impugned in the present petition at Annexure-A dated 07.12.2022 shall remain stayed, subject to the condition that the petitioner shall not henceforth indulge in any illegal activities including the

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activities alleged against him.

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Subject to the above directions, writ petition is disposed off.

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SD JUDGE

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CKK

Nagaraj S/O Fakirappa Arer v. the Superintendent of Police, Haveri

Case brief

What is this about?

What did the court decide?

Nagaraj S/O Fakirappa Arer v. the Superintendent of Police, Haveri

Case brief

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