BABA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Articles 226 and 227 of Constitution of India read with Sec. 482 of Cr.P.C. for quashing the order passed by the Deputy Commissioner cum Sub-Divisional Magistrate, Tumakuru Sub-Division, Tumakuru in MAG:24/2022 by passing the order of deportation of the petitioner for six months.

(2.) Heard Sri S.A. Nishad, the learned counsel for the petitioner and Sri Kiran S. Javali, learned SPP-I along with Sri. Rohith B.J., learned High Court Government Pleader for the respondents.

(3.) The case of the petitioner is that the Deputy Commissioner, Tumakuru District passed an externment order dtd. 1/12/2022 under Ss. 55 and 56 of the Karnataka Police Act, 1963 (for short 'K.P. Act') for six months on the ground that as per the report of the Deputy Superintendent of Police and the Inspector of Police, Thilak Park Police Station, Tumakuru, the petitioner is involved in four criminal cases and FIR has been registered against him for the offences punishable under Ss. 4, 9, 11 of Karnataka Prevention of Cow Slaughter and Cattle Prevention Act, 1964 and Ss. 4, 7, 12(1)(2) of the Karnataka Prevention of Slaughter and Preservation of Cattle Ordinance, 2020. It is contended that when the Bhajarangdal people filed a complaint against the petitioner and when the complainant and others came out of the police station, the petitioner and son of the petitioner attacked them in order to commit murder. A case under Sec. 307 of IPC also registered against the son of the petitioner. Therefore, the petitioner was disturbing the peace and tranquility in the area and involved in illegal activities. Therefore, in order to prevent the further commission of offence, the impugned order has been passed by the Sub-Divisional Magistrate which is under challenge.