ASHOKBHAI @ WILLIAM BALABHAI VEGAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed by the petitioner under Article 226 of the Constitution of India in which the petitioner has challenged the notice of externment dated 15.2.2021 passed by respondent no.2 under the provisions of the Gujarat Police Act, 1951.

(2.) Heard learned advocate Mr.Danak for the applicant and learned APP Mr.Dave for the respondent-State.

(3.) Learned advocate for the petitioner has submitted that the respondent-authority has issued show cause notice to the petitioner under the provisions of Section 56(b) of the Gujarat Police Act and the petitioner was asked to show cause why he should not be externed for a period of two years because of the registration of two FIRs against him. It is submitted by learned advocate for the petitioner that the said FIRs are filed by the private individual for the alleged offences punishable under Sections 325, 323, 504 and 506(2) of Indian Penal Code as well as under Sections 427, 447 and 506(2) of the Indian Penal Code. It is submitted that merely because such FIRs are registered against the present petitioner, the respondent-authority is not empowered to issue the notice under the provisions of the Gujarat Police Act and therefore the impugned show cause notice be quashed and set aside.