AMBADAS ALIAS RAMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) 1. These petitions are directed against the common order of externment passed by the Sub Divisional Magistrate, Sidar, under Sac. 55 of the Karnataka Police Act, hereinafter referred to as the Act, in case No. REV/MAG/CR-20/83-84 on his file.

(2.) Petitioners Ambadas alias Ramesh and Shivakumar in Cr.P. Nos. 382 & 781 of 1984, respectively, are said to be students. On a report made by the Circle inspector of Police, Bhalki, that the petitioners had been continuously indulging in offences involving force and violence punishable under Chapter XI, XVI, XVII of the Indian Penal Code and a number of cases had been registered against them and pending trial and it was necessary to take action under S.55 (b) of the Act, the Magistrate, after issuing show causa notice and holding; inquiry, having made the impugned order, the petitioners have approached this court invoking the inherent powers on the ground that the externment order passed by the Magistrate is not in compliance with S. 55 of the Act and, therefore, deserve to be set aside.

(3.) Mr. Shivaraj Patil and Mr. Ravi Naik, learned cour.sel for the petitioners, submitted that not only the Magistrate had proceeded to make the order influenced by various proceedings instituted against the three petitioners (there boing no criminal case against Shivekumar), but he has not recorded definite finding that witnesses are not willing to coma forward to give evidence in public against such person by reason of apprehension on their part as regards the safety of their person or property. As a matter of fact, two witnesses among the public who had been examined by the Magistrate in the proceedings before him had denied about there being any fear in their mind or others of they not giving evidence in public against the petitioners therefore, the impugned extsrnment order passed by the Magistrate deserves to be set aside.