SHANKAR KESHAV ATHANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 528 of BNSS praying to quash the externment order dtd. 13/1/2025 passed against the petitioner in KRA: CHP/VIKAD/COP/HU-DHA/GADIPARU/39/2024 passed by the Deputy Commissioners of Police (Law and Order) and Special Executive Magistrate, Hubballi -Respondent No.2 under Sec. 55 of the Karnataka Police Act, 1963 (hereinafter referred to as "K.P Act" For brevity).

(2.) The petitioner is a cloth businessman and he is residing at Keshwapur Hubballi and he has been alleged to have been involved in various cases under Sec. 78(3) of K.P. Act. That on 23/12/2024 the Police Inspector, Keshwapur Police Station (respondent No.3) by filing petition under Sec. 55 of the K.P Act before Hon'ble Deputy Commissioner of Police (Law and Order) and Special Executive Magistrate, Hubballi alleging that the petitioner being involved in several cases and being a Rowdy sheeter sought externment order. The Deputy Commissioner of Police (Law and Order) and Special Executive Magistrate, Hubballi (respondent No.2) issued show cause notices dtd. 26/12/2024, 31/12/2024 and 8/1/2025 to the petitioner under Sec. 58 of K.P Act seeking reply from the petitioner as to why the petitioner should not be exiled from Hubballi. On 13/1/2025, respondent no.2 has passed externment order against the petitioner directing the police to send the petitioner out of Hubballi Dharwad Police Commissionerate to Mysore for a period of 6 Months from 13/1/2025 till 12/7/2025. The petitioner has sought quashing of the said order in this petition.

(3.) Heard learned counsel for the petitioner and learned AGA for respondents.