Kaif Ullah Khan Vs State of Karnataka

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NC: 2026:KHC:14149 WP No. 38421 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 38421 OF 2025 (GM-POLICE)

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BETWEEN:

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KAIF ULLAH KHAN @ KAIFU BIN SANAULLAH KHAN S/O SANAULLAH KHAN AGED 32 YEARS R/AT NO. 517, 4^TH CROSS, NEAR UKSHA MASJID, BHARAT NAGAR, THANISANDRA MAIN ROAD, BANGALORE - 560 077.

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…PETITIONER

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(BY SRI. SIRAJUDDIN AHMED, ADVOCATE)

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AND:

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Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU - 560 001.

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DEPUTY COMMISSIONER OF POLICE (NORTH-EAST DIVISION) SPECIAL EXECUTIVE MAGISTRATE BENGALURU - 560 077.

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COMMISSIONER OF POLICE BENGALURU CITY - 560 001.

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POLICE INSPECTOR SRI CHANDRASHEKHAR M

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NC: 2026:KHC:14149 WP No. 38421 of 2025

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HC-KAR

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SMAPIGEHALLI P.S. BANGALORE-560 077.

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…RESPONDENTS

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(BY SRI. VIKAS ROJIPURA, AGA)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER OF EXTERNMENT NO. 6/DCP(E)/MAG/EXTERNMENT/2025 DATED 05.12.2025 AT ANNEXURE-A IN THE INTEREST OF JUSTICE AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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ORAL ORDER

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The petitioner is assailing the impugned Externment Order dated 05.12.2025 as per Annexure-A.

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Learned Additional Government Advocate

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appearing for the respondents submits that the impugned order of externment has already been implemented by the competent Authority. In view of the implementation of the externment order, he contends that the present writ petition is not maintainable at this stage and that the

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3 - NC: 2026:KHC:14149 WP No. 38421 of 2025

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HC-KAR

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petitioner has an efficacious statutory remedy available under Section 59 of the Karnataka Police Act, 1963. It is therefore submitted that the petitioner ought to avail the said appellate remedy by approaching the Appellate Authority and raise all permissible grounds challenging the validity and legality of the externment order.

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The petitioner has filed a memo before this Court bringing on record certain personal circumstances. In the said memo, the petitioner submits that he has recently lost his father and that he is presently the sole earning member of the family. It is further stated that the entire family is dependent upon him for their livelihood and sustenance. Placing these circumstances before the Court, the petitioner seeks indulgence and sympathetic consideration in the matter.

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Having regard to the submission made by the learned Additional Government Advocate that the externment order has already been implemented, this

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4 - NC: 2026:KHC:14149 WP No. 38421 of 2025

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HC-KAR

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Court is of the view that the petitioner should avail the statutory remedy of appeal as provided under Section 59 of the Karnataka Police Act, 1963. Accordingly, liberty is reserved to the petitioner to approach the competent Appellate Authority by preferring an appeal against the impugned externment order. If such an appeal is filed, the petitioner is at liberty to place all relevant records, including the circumstances brought to the notice of this Court through the memo, before the Appellate Authority for its consideration in accordance with law.

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Accordingly, the writ petition stands disposed

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off.

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All contentions are kept open.

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Sd/(SACHIN SHANKAR MAGADUM) JUDGE

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NBM

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List No.: 1 Sl No.: 43

Kaif Ullah Khan v. State of Karnataka

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Kaif Ullah Khan v. State of Karnataka

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