PARESHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed the present petition under Article 226 / 227 of the Constitution of India challenging the order dated 09.07.2019 passed by the Additional Commissioner, Surat City as well as the order dated 29.05.2020 passed by the Secretary, Home Department in Appeal No. 17 of 2020.

(2.) The short facts giving rise to the present petition are that the petitioner was involved in connection with the FIR being I-?C.R. No. 97 of 2019 registered with Varacha Police Station, Surat City, for the offences punishable under section 307, 323, 504 read with 114 of IPC and Section 135 of G.P. Act. On the basis of said solitary case, the Assistant Police Commissioner 'E' Division Office, Surat City issued a notice on 20.04.2019 under section 56(b) of the Gujarat Police Act calling upon the petitioner to show cause as to why the petitioner should not be externed from the Surat City and Surat Rural area for the period of two years. The petitioner having replied to the said show cause notice, the Assistant Police Commissioner passed the order dated 09.07.2019 externing the petitioner from the entire area within the jurisdiction of Police Commissioner, Surat City and the adjoining districts, Surat Rural for the period of two years.

(3.) Being aggrieved by the said order, the petitioner had preferred an appeal being No. 17 of 2020 before the Secretary, Home Department. The said appeal came to be rejected by the Additional Secretary, Home Department vide the order dated 29.05.2020. The aggrieved petitioner has therefore challenged both the orders before this Court by way of the present petition.