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Judgment
ORAL ORDER
The present writ petition is filed seeking for the following reliefs:
"a)Issue writ of certiorari or in the nature thereof or any other appropriate writ, quashing the impugned order in case No. MAG(2)/EXTERNMENT/17/2026 dated 21.08.2026 (Annexure-A) passed by the respondent No.1.
b)Pass such an order which is deemed to be fit in the nature and circumstance of the above case, in the interest of justice and equity. "
It is a case of the petitioner that consequent to the notice dated 01.08.2026, he appeared before respondent No.1 - Deputy Commissioner of Police on 17.08.2026. However, no objections have been filed.
It is the contention of the learned counsel for the petitioner that without giving any further opportunity the impugned order dated 21.08.2026 (Annexure-A to the writ petition) has been passed. Hence, it is contended that the petitioner did not have an adequate opportunity to contest the proceedings initiated against him, consequent to which the impugned order dated 21.08.2026 (Annexure-A to the writ petition) has been passed.
It is forthcoming that the impugned order is passed under Section 55 of the Karnataka Police Act, 19631. The said order adversely affects the rights of the petitioner. The petitioner not having contested the said proceedings, it is expedient that another opportunity be afforded to the petitioner to contest the same.
It is further contented that respondent No.1 does not have the jurisdiction to issue the notice as also the impugned order dated 21.08.2026 having regard to the judgment of the Co-ordinate Bench of this Court in the case of Chandrakant Shankar Vaddar v State of Karnataka & Others2.
In view of the aforementioned, the relief sought for in the present writ petition merits consideration.
Accordingly, the following:
ORDER
The writ petition is allowed;
The impugned order bearing No. MAG(2)/EXTERNMENT/17/2026 dated 21.08.2026 passed by respondent No.1 -Deputy Commissioner of Police (Annexure-A to the writ petition) is hereby quashed;
Liberty is reserved to the concerned respondents to initiate appropriate proceedings in accordance with law;
All the contentions of the parties on the merits of the matter are kept open to be considered in appropriate proceeding.