HIRABEN NATUBHAI FULMALI 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 5/2/2013 passed by Deputy Police Commissioner, Vadodara City, in Externment Case, by which, the petitioner has been externed for a period of one year from different districts namely Vadodara City, Vadodara [Rural], Anand, Panchmahals [Godhra], Narmada and Bharuch, as well as he has challenged the order passed by the Joint Secretary, Home Department, Gandhinagar dated 3/8/2013 by which, appeal preferred by the petitioner being Externment Appeal No. 113 of 2013 is dismissed.

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

(3.) HE further submitted that offence registered at C R No. I -150/2012 with Mahidharpura Police Station is concerned, it is a solitary offence and the petitioner has been falsely involved therein. 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.