Case Note & Summary
The petitioner, Kumar S/o Adiveppa Gaddigoudra, filed a criminal revision petition under Section 397 read with 401 of the Code of Criminal Procedure, 1973, challenging an externment order dated 13.02.2023 passed by the Assistant Commissioner and Sub-Divisional Magistrate, Dharwad District (respondent No.5) under Section 56 of the Karnataka Police Act, 1963. The externment order was based on a report from the Superintendent of Police (respondent No.2) on the recommendation of the Circle Police Inspector and Police Sub-Inspector (respondents 3 and 4). A show cause notice was issued on 21.01.2023, but the petitioner alleged that it was not served on him and he was not given an opportunity of hearing before the order was passed. The High Court examined the record and found that the show cause notice was indeed not served on the petitioner, and no hearing was afforded. The court held that the externment order violated the principles of natural justice and the mandatory procedure under Section 56 of the Act. Consequently, the court allowed the revision petition, set aside the impugned order, and directed the respondents to follow due process if they wished to proceed afresh.
Headnote
A) Criminal Procedure - Externment - Section 56 Karnataka Police Act, 1963 - Natural Justice - Show Cause Notice - The petitioner challenged an externment order passed under Section 56 of the Karnataka Police Act, 1963. The court found that the show cause notice dated 21.01.2023 was not served on the petitioner and no opportunity of hearing was given before passing the order dated 13.02.2023. Held that the order is in violation of principles of natural justice and mandatory procedure under Section 56, hence liable to be set aside. (Paras 2-4)
Issue of Consideration
Whether the externment order passed under Section 56 of the Karnataka Police Act, 1963 is valid when the show cause notice was not served on the petitioner and no opportunity of hearing was given before passing the order.
Final Decision
The revision petition is allowed. The impugned order dated 13.02.2023 passed by respondent No.5 under Section 56 of the Karnataka Police Act, 1963 is set aside. The respondents are at liberty to proceed afresh in accordance with law.
Law Points
- Externment order under Section 56 of Karnataka Police Act
- 1963 requires strict compliance with principles of natural justice
- show cause notice must be served
- opportunity of hearing must be given
- failure to follow mandatory procedure renders order invalid
Case Details
2023 LawText (KAR) (06) 13
CRL.RP No. 100084 of 2023
Prakash N. Hosamane (for petitioner), Praveen Uppar (HCGP for respondents)
Kumar S/o Adiveppa Gaddigoudra
The State of Karnataka, Superintendent of Police Dharwad Rural, Circle Police Inspector Navalagund Police Station, Police Sub-Inspector Annigeri Police Station, Assistant Commissioner Sub-Divisional Magistrate Sub-Division Dharwad District
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Nature of Litigation
Criminal revision petition challenging an externment order under Section 56 of the Karnataka Police Act, 1963.
Remedy Sought
Petitioner sought to set aside the externment order dated 13.02.2023 passed by respondent No.5.
Filing Reason
Petitioner alleged that the show cause notice was not served and no opportunity of hearing was given before passing the externment order.
Previous Decisions
Respondent No.5 passed the externment order on 13.02.2023 under Section 56 of the Karnataka Police Act, 1963.
Issues
Whether the show cause notice was served on the petitioner before passing the externment order?
Whether the petitioner was given an opportunity of hearing before the externment order was passed?
Whether the externment order is valid in the absence of compliance with principles of natural justice?
Submissions/Arguments
Petitioner argued that the show cause notice dated 21.01.2023 was not served on him and no opportunity of hearing was given.
Respondents argued that the order was passed after following due procedure.
Ratio Decidendi
An externment order under Section 56 of the Karnataka Police Act, 1963 must be passed after serving a show cause notice and giving an opportunity of hearing to the person concerned. Failure to comply with these mandatory requirements violates principles of natural justice and renders the order invalid.
Judgment Excerpts
Revision petitioner challenging the order of externment proceedings bearing No.MAJ CR/148-2022-23 by respondent No.5-Assistant Commissioner, Sub Divisional Magistrate Sub-division, Dharwad district.
On the basis of a report of respondent No.2 on the recommendation of respondents 3 and 4, respondent No.5 issued show cause notice dated 21.01.2023 for submitting the explanation of revision petitioner.
Thereafter, respondent No.5 on the basis of the material evidence placed before him passed impugned order under revision dated 13.02.2023 at Annexure-A in exercise of powers conferred under Section 56 of the Karnataka Police Act, 1963 and ordered for externment of revision petitioner out of the jurisdiction.
Procedural History
The petitioner filed a criminal revision petition under Section 397 read with 401 of Cr.P.C. before the High Court of Karnataka, Dharwad Bench, challenging the externment order dated 13.02.2023 passed by respondent No.5 under Section 56 of the Karnataka Police Act, 1963. The High Court heard the matter and allowed the petition on 08.06.2023.
Acts & Sections
- Karnataka Police Act, 1963: 56
- Code of Criminal Procedure, 1973: 397, 401
