KAMAL BHATIA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Writ Petition under Article 226 of the Constitution of India, 1950 read with Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (old Provision Sec. 482 of the Code of Criminal Procedure, 1973), has been filed on behalf of the Petitioner, Kamal Bhatia for quashing/setting- aside of the Order dtd. 11/12/2024 in Case No. 209/2024 whereby the Hon'ble Lieutenant Governor of Delhi, has upheld the Externment Order dtd. 15/7/2024, issued by the Additional Deputy Commissioner of Police-I, Shahdara District, Delhi.

(2.) Briefly stated, the Deputy Commissioner of Police-I, Shahdara District Delhi, initiated Externment proceedings against the Petitioner under Sec. 47 of Delhi Police Act, 1978 (for short "D.P. Act ") D.P. Act vide File No. 68/2003 on 25/11/2023. Notice under Sec. 50 D.P. Act dtd. 25/11/2023 was served upon the Petitioner and he was informed about the general nature of the material allegations against him; that his movements are calculated to cause danger and harm to person and property which appears from his involvement in offences for which 5 FIRs were registered against him. The Complainant stated that the Petitioner was a history sheeter and had previous involvement in five cases of murder, dacoity etc., A direction was also issued to appear before the learned DCP on 26/12/2013.

(3.) The contents of the Notice were explained to him in Hindi but he denied the allegations and pleaded not guilty and contested the case.