SANJAY S@ BLACKY @ RABARI v. THE STATE OF KARNATAKA, MAHALAKSHMI LAYOUT POLICE STATION
Case at a glance
Provisions considered
- Constitution of India arts. 226, 227
- Karnataka Police Act s. 59
- Karnataka Police Act, 1963 s. 59
Key paragraphs
- Para 33. In the light of the availability of an alternative remedy under Section 59 of the Karnataka Police Act, 1963, this Court declines to entertain the writ petition. The petitioner is relegated to avail the remedy of appeal in accordance with law. - 4 -…
Judgment
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 10277 OF 2026 (GM-POLICE) BETWEEN: SANJAY S@ BLACKY @ RABARI SON OF SUBRAMANI B AGED ABOUT 21 YEARS, RESIDENT OF, NO.30. 21ST MAIN ROAD J C NAGAR, KURUBARAHALLI, MAHALAKSHMIPURAM LAYOUT BANGLORE NORTH, BANGALORE - 560086 …PETITIONER Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA (BY SRI. HONMESHA B R., ADVOCATE) AND:
THE STATE OF KARNATAKA, MAHALAKSHMI LAYOUT POLICE STATION, REP BY SPP HIGH COURT OF KARNATAKA BANGALORE-560001
THE DEPUTY COMMISSIONER AND SPECIAL EXECUTIVE MAGISTRATE NORTH DIVISION, BANGALORE CITY BANGALORE - 560009 (BY SRI. VIKAS ROJIPURA, ADVOCATE) …RESPONDENTS - 2 - NC: 2026:KHC:20256 WP No. 10277 of 2026 HC-KAR THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE WRIT PETITION AND ISSUE A WRIT OF CERTIORARI OR ANY OTHER LIKE WRIT OR ORDER THEREBY QUASH THE IMPUGNED ORDER DATED 07.01.2026 PASSED BY THE 2ND RESPONDENT IN CASE NO. CRM.MAG. 04/2025 COPY OF WHICH IS PRODUCED HEREWITH AND MARKED AS ANNEXURE-B. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Having heard the learned Additional Government Advocate, this Court notes his submission that the impugned externment order is dated 07.01.2026 and the same has already been given effect to. It is further contended that prior to passing of the said order, the petitioner was duly notified of the proceedings, afforded reasonable opportunity of hearing, and only thereafter, the competent authority has proceeded to pass externment order in accordance with law. He would also draw the attention of this Court to the statutory remedy available under Section 59 of the Karnataka Police Act, - 3 - NC: 2026:KHC:20256 WP No. 10277 of 2026 HC-KAR 1963, contending that the impugned order is appealable and therefore, the writ petition is not maintainable in the absence of exhaustion of the alternative remedy.
2. Recording the aforesaid submission and on perusal of the material on record, this Court finds that the impugned externment already implemented. This Court also takes note of the fact that the petitioner was afforded due opportunity of hearing before passing of the order. In that view of the matter, this Court is of the considered opinion that no case is made out warranting interference under Article 226 of the Constitution of India, particularly when an efficacious statutory remedy of appeal is available.
In the light of the availability of an alternative remedy under Section 59 of the Karnataka Police Act, 1963, this Court declines to entertain the writ petition. The petitioner is relegated to avail the remedy of appeal in accordance with law. - 4 - NC: 2026:KHC:20256 WP No. 10277 of 2026 HC-KAR Accordingly, reserving liberty to the petitioner to avail the statutory remedy of appeal, the writ petition stands dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 11
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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