PRAKASH JOTWANI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed the writ petition under Art. 226 of the Constitution of India for quashing the order dated 09.07.2020 passed by District Magistrate, Uttar Bastar, Kanker (C.G.) in Misc. Criminal Case No. 01/2020 as also challenging rejection of objection raised by the petitioner about maintainability of proceeding under Chhattisgarh Rajya Suraksha Adhiniyam, 1990 (for short "the Adhiniyam, 1990").

(2.) The brief facts, as projected by the petitioner, are that the petitioner is businessman, contractor and presently working as Mandal President of Bhartiya Janta Party and due to political influence of ruling party, the proceeding under the Adhiniyam, 1990 has been initiated against the petitioner.

(3.) Learned counsel for the petitioner would submit that a show cause notice under Sections 3, 5 and 6 of the Adhiniyam, 1990, has been issued by respondent No. 2/ District Magistrate, Uttar Bastar Kanker on the recommendation of respondent No. 3/ Superintendent of Police, Uttar Bastar, Kanker for externment of the petitioner from District- Kanker, wherein various criminal cases have been mentioned against the petitioner. It has been further contended by learned counsel for the petitioner that the allegations levelled by the respondents against the petitioner are totally false, baseless and on the basis of incomplete and manipulated information supplied by respondent No. 3 to respondent No. 2 and on political influence of the ruling party, the show cause notice has been issued. The content of show cause notice issued to the petitioner on 10.02.2020 (Annexure P/1) is extracted below:- ...vernacular texts omitted...