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2023 DIGILAW 1034 (KAR)

Manjunatha. N v. State of Karnataka

2023-08-31

M.G.UMA

body2023
JUDGMENT 1. Heard Sri. Sunil Kumar B.N., learned counsel appearing for the petitioner and Sri. Channappa Erappa, learned High Court Government Pleader for respondent. 2. Though the matter is listed for admission, with the consent of learned counsel for the parties, the matter is taken up for final disposal. 3. The order passed by the second respondent in exercise of power vested under Sec. 55 of Karnataka Police Act, 1963 ("Act" for short) is under challenge in this Criminal Revision Petition, whereunder, petitioner has been externed for a period of one year commencing from 6/3/2023 to 6/3/2024. Order passed under Ss. 54, 55 and 56 is appealable and as such it would be apt and appropriate to direct the petitioner to avail the alternate remedy available under the Act, namely to file an appeal under Sec. 59 of the Karnataka Police Act, 1963. 4. Learned counsel for the petitioner is justified in expressing the apprehension that appeal would not be heard on account of various administrative delays and to allay the said apprehension and to protect the right of the petitioner, it would suffice if the impugned order is stayed for a limited period of five weeks from today with a further direction to the Appellate Authority to dispose of either the appeal or the Interlocutory Application that may be filed by petitioner for stay of the impugned order within said period of five (5) weeks. 5. Accordingly, this criminal revision petition stands disposed of by granting liberty to the petitioner to challenge the impugned order by filing an appeal under Sec. 59 of the Karnataka Police Act, 1963 within ten days from the date of receipt of copy of this order and on such appeal being filed, Appellate Authority shall dispose of the appeal or Interlocutory Application that may be filed for stay of the impugned order on merits within five weeks from the date of filing of such appeal/Interlocutory Application. 6. It is made clear that impugned order shall stand stayed till the disposal of the appeal or Interlocutory Application or within five (5) weeks whichever is earlier. 6. It is made clear that impugned order shall stand stayed till the disposal of the appeal or Interlocutory Application or within five (5) weeks whichever is earlier. Neither the petitioner shall seek for any adjournment before the Appellate Authority nor the Appellate Authority shall without any justifiable cause, adjourn the appeal/hearing of Interlocutory Application beyond the period indicated or directed hereinabove and in the event of same being adjourned, order of stay shall continue till disposal of appeal or interlocutory application whichever is earlier. Ordered accordingly.