H KEMPAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this petition, the petitioner has sought to challenge the legality and correctness of the notice issued by the District Magistrate, Bangalore and served on him under S. 58 r/w S. 55 of the Karnataka Police Act (hereinafter referred to as 'the Act'), to give his explanation to the allegations made against him. On the report made by the Superintendent of Police, Bangalore Dt., the District Magistrate has proceeded to issue the impugned notice informing about the allegations made against the petitioner enclosing a statement of substance of allegations made against him. The allegations made in the enclosed statement are as follows :

(2.) In this petition, the petitioner contended that not only the allegations as mentioned above, enclosed with the notice, are vague but the allegations do not attract any of the clauses mentioned in S. 55 of the Act and, therefore, the show cause notice issued by the District Magistrate deserved to be quashed.

(3.) While S. 55 of the Act provides that whenever it shall appear in the City of Bangalore and other areas for which a Commissioner has been appointed under S. 7, to the Commissioner, and in other, area or areas to which the Government may, by notification in the official Gazette extend the provision of this section, to the District Magistrate, or Sub Divisional Magistrate having jurisdiction and specially empowered by the Government in that behalf,-