JINABHAI SHARDULBHAI VAGH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of the present petition, under Articles 226 and 227 of the Constitution of India, the petitioner has challenged an order dated 12.02.2013 passed by Sub-Divisional Magistrate, Rajula in Externment Case No. 65 of 2012, by which, the petitioner has been externed for a period of three months from different Talukas namely Rajula, Jafrabad, Mahuva and Savarkundla, as well as he has challenged the order passed by the Joint Secretary, Home Department, Gandhinagar dated 16.03.2013 by which, appeal preferred by the petitioner being Externment Appeal No. 119 of 2013 is dismissed.

(2.) BRIEF facts emerges from the record are as under :

(3.) HE further submitted in one of the offences i.e. Crime Register No. 4 of 2008 registered with Marine Pipavav Police Station is concerned, the petitioner is already acquitted by the Competent Court on 26.10.2011 i.e. much prior to issuing notice itself. Hence, it is a clear non application of mind. In support of his submission, he has relied upon a decision of this Court in the case of Shri Hussainmiya @ Jago Razakmiya Qadri v. State of Gujarat & Ors. reported in 1999 (2) G.L.H. 786. He submitted that in the said decision this Court has held that if the Authority has taken any action under the Bombay Police Act other than the provision mentioned in the Show-cause notice, like one in the present case, this Court has quashed and set aside the externment order passed by the Authority.