MUKESH Vs. STATE OF M P

JUDGEMENT

(1.) This writ appeal has been preferred against the order dated 28-2-2011, passed by the learned Single Judge of this Court in W. P. No. 12707 of 2010, upholding thereby the order of externment against the petitioner/appellant.

(2.) Briefly stated relevant facts are that District Magistrate, Ratlam, vide Notice No. 745/2009, dated 7-12-2009, issued show cause notice to the petitioner/appellant calling upon him to show cause as to why he should not be extemed. On being served, the petitioner/appellant entered into his defence by filing written statement. Simultaneously, he submitted an application under section 8(2) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990. The grievance or the petitioner/appellant is that without providing reasonable opportunity of being heard and without allowing him to cross-examine the witnesses of the State and further without supplying copy of the documents, upon which, opinion was formed, the District Magistrate, Ratlam, vide his order dated 7-6-2010 passed in Criminal Case No. 27/Zilabadar/2009, ordered for externment of the petitioner/appellant from the revenue limits of District of Ratlam and contiguous area of Dhar, Jhabua, Ujjain, Shajapur, Neemuch and Mandsaur for a period of one year. Copy of said order is on record as Annexure P-l. Aggrieved by, an appeal was preferred, which was dismissed by the Court of Commissioner, Ujjain Division, vide order dated 11-10-2010. Thereafter, W. P. No. 12707 of 2010 was preferred, which having been dismissed by the impugned order, the present writ appeal has been submitted.

(3.) Shri G. K. Patidar, learned Advocate for the petitioner/appellant and Shri Vivek Patwa, learned Dy. Government Advocate for the respondents made their respective submissions.