SAJID Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, who is the externee, has preferred this petition under Articles 14, 19, 21 and 226 of the Constitution of India in connection with the FIR being CR. No. I- 168 of 2018 registered with Athavalines Police Station, Surat City, District- Surat for the offences Punishable under Sections 143, 147, 149, 332, 353, 504, 506(2) and 188 of the Indian Penal Code, challenging the order of externment dated 14.06.2019 passed by the Assistant Police Commissioner, 'A' Division, Surat City, whereby the petitioner is externed from the limits of Surat City, Surat Rural, Navsari, Bharuch and Tapi District for a period of two years; as well as the order dated 29.05.2020 passed by the learned Additional Secretary, Home Department, Sachivalya, Gandhinagar partly allowed the Externment Appeal No. 211 of 2019.

(2.) Heard learned advocate Mr. Rafik Lokhandwala for the petitioner and learned APP Mr. Hardik Soni for the respondent State through video conference.

(3.) Learned advocate for the petitioner vehemently submitted that there are no offence registered against the present petition, only one offence is registered, therefore show cause notice is defective, hence the notice deserves to be dismissed. Learned advocate has requested this Court that if the Court believes the order passed by the Authority is just and proper, in that case let one year period already undergone by the petitioner be treated as sufficient and rest of the period may be set aside.