JABIULLA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court calling in question an order dtd. 7/3/2023 passed by the second respondent - Assistant Commissioner Cum Sub-Divisional Magistrate, Sagara, externing the petitioner from 7/3/2023 to 7/9/2023, from Sagara and sent him to Yadagiri District, invoking Sec. 55 of the Karnataka Police Act, 1963 ('the Act' for short).

(2.) Heard Sri Srikanth Patil K., learned counsel for the petitioner and Smt. Rashmi Patel, learned High Court Government Pleader for the respondents.

(3.) The petitioner claims to be a pigmy agent in Madani Bank, Shikaripura and is the breadwinner of the family. The petitioner gets embroiled in eight cases and they are, crime Nos.146/2018, 25/2021, 34/2021, 52/2021, 104/2021 and 115/2022, all are registered for the offence punishable under Sec. 78(3) of the Act and in Crime Nos.19/2021 and 17/2022, in terms of the provisions of Sec. 107 of the Cr.P.C. Out of these eight cases, in fives cases, the concerned Court has imposed only fine and not any other punishment. Therefore, the petitioner gets acquitted by imposition of fine in five cases. In crime Nos.115/2022, 19/2021 and 17/2022, the cases are pending consideration and the police have filed charge sheets in those cases. What drives the petitioner to this Court in the subject petition, is the order of externment passed on 7/3/2023, which is based upon the aforesaid cases.