AMBARAY Vs. ASSISTANT COMMISSIONER CUM SUB DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) This petition is filed by the petitioner under Sec. 397 read with Sec. 401 of Cr.P.C. (438 of BNSS-2023) questioning the order of Externment passed by the learned Assistant Commissioner cum Sub Divisional Magistrate, Kalaburagi in SAM / KAM / MAG / 2 / 25 / 2024 - 2025.

(2.) Heard the arguments of learned counsel for the petitioner and the learned High Court Government Pleader for the State.

(3.) It is contended by the learned counsel for the petitioner that the allegations made in the report of the Investigating Officer to the Sub Divisional Magistrate are with respect to the irrelevant matters, which are nothing to do with the learned Sub Divisional Magistrate to exercise the jurisdiction of Externment. It is also submitted that it is a dateless order and it is a stereotype. In the criminal cases which have been registered against the petitioner, some of them have ended in acquittal, some of them are pending for trial and in some of them the petitioner was granted bail. If any grievance in respect of violation of terms and conditions of the bail, the concerned police ought to have approached the jurisdictional Court for cancellation of the bail, instead Sub Divisional Magistrate has mechanically passed the impugned order and sought for allowing the petition.