PARASHURAM Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) Though this Revision Petition is listed for admission, with the consent of both the counsel, the matter is taken up for final disposal.

(2.) This revision petition is filed by the accused under Sec. 397 R/w. 401 of Cr.P.C . seeking to set aside the externment proceedings bearing No. SUM/KAM/M/A/G-2020- 2021, dtd. 18/7/2022, passed by the respondent No.2 vide annexure -A, wherein he has passed an order of externment against the petitioner under Ss. 55 and 56G of the Karnataka Police Act, 1963 (for short the 'Act'). Under the said order, the second respondent has passed an externment order against the petitioner, directing the police to send the petitioner out of the Koppal district to Chamarajnagar district for a period of six months from 18/7/2022 to 17/1/2023 and also directed the police to see that the petitioner does not enter the Koppal District during the said period.

(3.) Brief facts of the case are, on 16/12/2020 the Superintendent of Police, Koppal district i.e. respondent No.3 has submitted a repot to the Assistant Commissioner and Sub-divisional Magistrate, Koppal i.e. Respondent No.2 stating that there are as many as seventeen cases registered against the petitioner under the provisions of Ss. 78, 79 80 of the K.P Act. Out of them, one case registered against him before the Court, wherein he has been acquittal and fourteen cases registered under the provisions of K.P.Act, wherein conviction order was passed, directing the petitioner to deposit fine amount. However, two cases are still pending for inquiry and the petitioner is provoking the people in the said area, there is apprehension of danger to the public peace and with these allegations, show cause notice dtd. 27/4/2022 Annexure-B was issued to the petitioner calling him to appear before the respondent No.2 on 12/5/2022 to show cause as to why the Order under Ss. 54 and 55 of the K.P.Act should not be passed against him. The petitioner has filed objections to show cause notice on 18/5/2022. Without considering the same, the respondent No.2 herein has passed the impugned order on 18/7/2022 as per Annexure-A. Being aggrieved by the same, the Revision Petition is filed.