Sri. Kirana. G Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Sri. Kirana. G Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition disposed; liberty reserved to the petitioner to approach the appropriate authority under Section 59 of the Karnataka Police Act, 1963, with the limitation period to file the appeal extended by ten days from the date of the order.

Issue for consideration

Maintainability of a writ petition under Articles 226 and 227 seeking quashing of an externment order passed under Section 55 of the Karnataka Police Act, 1963, where notice was issued, the petitioner appeared with legal counsel, and a reasoned order was passed, and an appeal remedy exists under Section 59 of the Karnataka Police Act.

Court's answer

A writ petition is not maintainable once the principles of natural justice have been complied with; since notice was issued, the petitioner appeared before the Assistant Commissioner with legal counsel, addressed his arguments, and a reasoned order was passed, the correctness of the reasons in the externment order must be adjudicated in an appeal under Section 59 of the Karnataka Police Act, not in a writ petition.

Ratio / Principle

Liberty is reserved to the petitioner to approach the appropriate appellate authority under Section 59 of the Karnataka Police Act, 1963, with the limitation period for filing such appeal extended by ten days from the date of the order.

Detailed headnote1 paragraphs

Externment under S. 55, Karnataka Police Act, 1963 — Writ petition under Articles 226 and 227 seeking certiorari to quash externment order dated 28/08/2025 (No. M.A.G/EXTERNMENT/47/2025) passed by the Assistant Commissioner, Sagara Sub-Division, Shivamogga District — Held, writ not maintainable once principles of natural justice are complied with: notice had been issued by the Assistant Commissioner, petitioner entered appearance, was represented by legal counsel, addressed arguments, and a reasoned order was passed — Whether the reasons in the externment order are right or wrong must be adjudicated in an appeal under S. 59, Karnataka Police Act — Petition disposed with liberty to approach the appellate authority under S. 59, limitation extended by ten days — Single Judge: Suraj Govindaraj J.

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NC: 2025:KHC:47122 WP No. 33398 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 33398 OF 2025 (GM-POLICE)

BETWEEN:

SRI. KIRANA. G S/O GOVINDASWAMY AGED ABOUT 31 YEARS R/AT NO.146, LEFT SIDE ROAD, RANGANATHAPURA, ANATARAGANGE CAMP BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577 245.

…PETITIONER

(BY SRI. RAVI V, ADVOCATE)

AND:

Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

THE STATE OF KARNATAKA DEPARTMENT OF HOME, VIKAS SOUDHA, BENGALURU - 560 002 REPRESENTED BY SECRETARY.

ASSISTANT COMMISSIONER, BHADRAVATHI SUB-DIVISION, BHADRAVATHI, SHIVAMOGGA DISTRICT - 577 421.

SUPERINTENDENT OF POLICE BANGALORE HONNAVAR HWY, POLICE QUARTERS, SHIVAMOGGA - 577 205.

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NC: 2025:KHC:47122 WP No. 33398 of 2025

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THE DEPUTY SUPERINTENDENT OF POLICE BHADRAVATHI DIVISION, BHADRAVATHI, SHIVAMOGGA DISTRICT - 577 301.

THE STATION HOUSE OF OFFICER BHADRAVATHI RURAL POLICE STATION, BHADRAVATHI TALUK SHIVAMOGGA DISTRICT - 577 301.

…RESPONDENTS

(BY SMT. K.P. YADHODHA, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH IMPUGNED ORDER DATED 28/08/2025 BEARING NO. M.A.G/EXTERNMENT/47/2025 PASSED BY THE ASSISTANT COMMISSIONER, SAGARA SUB-DIVISION, SHIVAMOGGA DISTRICT, AS PER ANNX-A TO THE WRIT PETITION, ETC.,

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

Learned Additional Government Advocate accepts

notice for respondents.

Petitioner is before this Court seeking for the following reliefs:

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"(i) Issue a writ of Certiorari or any other writ or direction and to quash impugned order dated 28.08.2025 bearing No.M.A.G./Externment/ 47/ 2025 passed by the Assistant Commissioner, Sagara Sub-division, Shivamogga District, as per Annexure A to the writ petition.

(ii) To pass any other such order/s as deems fit by this Hon'ble court in the facts and circumstances of the case in the interest of justice and equity."

What has been challenged is an order passed under Section 55 of the Karnataka Police Act, 1963, externing the petitioner.

A perusal of the papers would indicate that notice had been issued by the Assistant Commissioner. The petitioner had entered appearance before the Assistant Commissioner, was represented by a legal counsel, addressed his arguments and a reasoned order has been passed by the Assistant Commissioner.

Whether the reasons are right or wrong would have to be adjudicated in an appeal to be filed under Section 59 of the Karnataka Police Act. A writ would

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NC: 2025:KHC:47122 WP No. 33398 of 2025

HC-KAR

not be maintainable once the principles of natural justice have been complied with.

Reserving liberty to the petitioner to approach the appropriate authority under Section 59 of the Karnataka Police Act, 1963, by extending the limitation period to file such an appeal by ten days from today, the petition stands disposed.

SD/(SURAJ GOVINDARAJ) JUDGE

BMV* List No.: 1 Sl No.: 20