Dismissed

Sri Ali Hussain @ Gas Ali v. State of Karnataka

Karnataka HC14 Feb 2023WP/838/2023

Case brief

AI extract

What is this about?

The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India seeking parole to attend his daughter's marriage. The court initially ordered parole but later dismissed the petition as infructuous after the Home Department granted the parole.

What did the court decide?

The petition was disposed of as infructuous after the Home Department extended the parole.

Sri Ali Hussain @ Gas Ali Vs State of… — Pension and Retirement Benefits | Karnataka HC (2023)

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WP No. 838 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF FEBRUARY, 2023 BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 838 OF 2023 (GM-POLICE)

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BETWEEN:

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SRI. ALI HUSSAIN @ GAS ALI, S/O C.K. ABDULLA, AGED ABOUT 43 YEARS, R/AT 4TH CROSS, SADASHIVANAGAR, TUMKUR TOWN, TUMKURU DISTRICT, KARNATAKA - 572 101.

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…PETITIONER

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(BY SRI. PRAVEEN S.,ADVOCATE)

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AND:

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STATE OF KARNATAKA, REPRESENTED BY ITS ADDITIONAL Digitally signed CHIEF SECRETARY, by PADMAVATHI B K HOME DEPARTMENT, Location: HIGH VIDHANA SOUDHA, COURT OF BANGALORE, KARNATAKA KARNATAKA - 560 099.

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THE DEPUTY COMMISSIONER, SUB - DIVIOSNAL MAGISTRATE, TUMURU SUB DIVISION, TUMKURU DISTRICT, KARNATAKA - 572 101.

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THE ASSISTANT COMMISSIONER,

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WP No. 838 of 2023

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TUMKURU SUB DIVISION, TUMKURU DISTRICT, KARNATAKA - 572 101.

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DEPUTY SUPERINTENDENT OF POLICE, TUMKURU SUB DIVISION, TUMKURU DISTRICT, KARNATAKA - 572 101.

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INSPECTOR OF POLICE, THILAK PARK P.S, TUMKURU, TUMKUR DISTRICT, KARNATAKA - 572 101.

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INSPECTOR OF POLICE, TUMKURU TOWN POLICE STATION, TUMKURU, TUMKURU DISTRICT, KARNATAKA - 572 101.

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INSPECTOR OF POLICE, HSR LAYOUT POLICE STASTION, BNAGALORE - 560 089, KARNATAKA.

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SUB INSPECTOR OF POLICE, PAVAGADA POLICE STATION, MADHUGIRI SUB DIVISION, KARNATAKA - 572 101.

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…RESPONDENTS

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(BY SRI. M. VINOD KUMAR, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN CASE NO. MAG.27/2022 ON THE FILE OF LEARNED THE DEPUTY COMMISSIONER, SUB - DIVISIONAL MAGISTRATE, TUMKUR SUB - DIVISION, TUMKUR DISTRICT AND ETC.

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WP No. 838 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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The petition was preferred seeking grant of parole on account of ensuing marriage of the daughter.

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This Court owing to the circumstances as prevailed,

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then directed that the petitioner be released on parole by passing the following order:

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"Learned counsel appearing for the petitioner submits that the order on externment comes in the way of the petitioner attending the marriage of the daughter, which is slated to be held on 15.01.2023.

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Therefore, pending consideration of the main matter in view of the marriage of the daughter, for which, the presence of the petitioner-father would be imperative.

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I deem it appropriate to suspend the impugned order dated 01.12.2022 from 13.01.2023 to 18.01.2023, which would enable the petitioner to attend the marriage, subject to necessary checks and verification by the police.

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The said order is passed owing to peculiar circumstances, pending decision or consideration of the interim prayer, as the case would be.

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List this matter on 23.01.2023."

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The learned counsel appearing for the petitioner

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now submits that the Home Department has extended the parole by grant of an order, which is not disputed by the

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WP No. 838 of 2023

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learned AGA. Therefore, the petition is thus rendered infructuous and is disposed as having become infructuous.

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Ordered accordingly.

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Sd/JUDGE

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Sri Ali Hussain @ Gas Ali v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Ali Hussain @ Gas Ali v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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