LAWS(DLH)-2017-9-65

AVINASH @ JANU Vs. LT. GOVERNOR OF DELHI

Decided On September 27, 2017
Avinash @ Janu Appellant
V/S
LT. GOVERNOR OF DELHI Respondents

JUDGEMENT

(1.) The petitioner has invoked the writ jurisdiction of this court under Article 226 of the Constitution of India and under section 482 of the Criminal Procedure Code, 1973 (in short 'Cr.P.C') by impugning the order dated 22.03.2017 of the Lt. Governor, Delhi whereby the order dated 10.02.2017 of Additional Deputy Commissioner of Police, South District, New Delhi (in short 'Addl. DCP) under Sections 47 & 50 of the Delhi Police Act, 1978 (in short 'DP Act') directing the petitioner to remove himself beyond the limits of the NCT of Delhi for a period of one year, was confirmed.

(2.) The process of externment started on 30.04.2015 when the proposal for externment of the petitioner Avinash @ Janu was received by the DCP from SHO Malviya Nagar. It was proposed that the petitioner has been engaging himself in the commission of illegal acts and activities and his movements in the limits of the NCT of Delhi are calculated to cause alarm and danger disturbing societal peace. He is a potential source of harming public at large. The petitioner was found to have been named in three FIRs:-

(3.) As per the Reply filed by the respondent/State, the petitioner was convicted in the case at serial no. (i) and (ii) vide orders dated 22.10.2013 and 01.09.2015 respectively. The case at serial no. (iii) is pending trial.