DIVYABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocates for the respective parties.

(2.) The present petition impugns judgment and order dtd. 4/1/2021 passed by Sub-Divisional Magistrate, Porbandar externing the petitioner herein for six months from Porbandar, Junagadh, Jamnagar, Gir Somnath, Rajkot and Devbhoomi Dwarka districts.

(3.) Learned advocate Mr. Pratik Jasani for the petitioner submits that the impugned order has been passed under Sec. 56(c) of the Gujarat Police Act. He submits that the impugned order has taken into account eight FIRs registered against the petitioner, however the impugned order does not record the statement of any independent witness in that area in respect of offence registered against the petitioner. Further, it is the case of the petitioner that all the FIRs are registered at Udhyognagar Police Station, Porbandar and there is no evidence on record or any material to suggest that the petitioner is operating at any other place in Porbandar or contiguous districts from where she has been externed as per the impugned order. It is therefore submitted that the impugned order be quashed and set aside.