NITHIN ACHARI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Challenging impugned order dtd. 12/4/2023 bearing no.CDS.MAG;CR231/2022-23 passed by respondent no.2 vide Annexure-A, this writ petition is filed.

(2.) Sri. Deepak S Shetty, advocate for Smt. Haleema Ameena, learned counsel for petitioner submitted that petitioner was permanent resident of Manoor village in Udupi District, living with his aged parents and younger brother. It was submitted that both his father and younger brother were cancer patients and only petitioner was bread winner in family. Though, petitioner was innocent, he was issued with notice dtd. 19/1/2023 by respondent no.2 to show-cause against order of externment on ground that petitioner was involved in four criminal cases. It was submitted that petitioner was acquitted in two of them, and remaining were pending. One of them was for good behavior under Sec. 110(e)(j) of Cr.P.C., while other was under NDPS Act for consumption.

(3.) Though in notice, offences were mentioned, it was not accompanied with report/s based on which externment was sought. In view of same, petitioner was unable to file objections and had sought time. By rejecting prayer for time, impugned order came to be passed and therefore, it was violative of principles of natural justice. It was also submitted that procedure under Sec. 58 of Karnataka Police Act, 1963 ('K.P.Act' for brevity) was not complied and hence, sought for quashing of impugned order.