BALUBHA RAMJI JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present writ petition has been filed seeking quashing and setting aside the order dtd. 19/7/2022 passed by the Sub-divisional Magistrate, Bhachau, Kutch externing the petitioner for a period of six months from Kutch district.

(2.) Learned advocate Mr. Katira appearing for the petitioner has submitted that the impugned order of externment is required to be set aside since the same is premised on registration of 4 FIRs against the petitioner under the provision of Ss. 323, 324, 325, 143, 147, 148, 149, 506(2) and 94(b) of the Indian Penal Code, 1860 (IPC) and Sec. 135 of the G.P. Act. It is submitted that merely because 4 FIRs are registered against the petitioner, the same will not make him a dangerous person. He has submitted that in the case of other accused, who are named in the FIR, this Court has already set aside the impugned order of externment.

(3.) In support of his submissions, learned advocate Mr. Katira has placed reliance on the judgment of this Court in the case of Premjibhai Devjibhai Mewada v. State of Gujarat and Ors., 2006 (3) GLH 105. Thus, he has submitted that the impugned order, which is passed without jurisdiction and premised on incorrect subjective satisfaction, is required to be set aside.