RAJJAN YADAV Vs. STATE OF M. P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-

(2.) It is the case of the petitioner that an order of externment was passed on 6/11/2016 by the District Magistrate, Jabalpur, which was complied by the Petitioner. Thereafter, on 26/3/2018 the SP, Jabalpur vide his recommendation No.PA/Jabalpur/Reader/IJB/18/18 prayed the District Magistrate, Jabalpur to take action against the petitioner under Section 5 of the M.P. Rajya Suraksha Adhiniyam.

(3.) By order dated 29/9/2018 the District Magistrate passed an order of externment thereby externing the petitioner from the limits of District of Jabalpur and other adjoining Districts, namely, Mandla, Dindori, Narsinghpur, Seoni, Katni, Damoh and Umaria for a period of one year. The petitioner preferred an appeal against the order dated 29/8/2018 before the Commissioner, Jabalpur, which was registered in case No.91/Externment/18, which was decided on 20/2/2019 and the order dated 29/9/2019 passed by the Collector, Jabalpur was set aside because the District Magistrate had not even recorded the statement of the department and accordingly, the matter was remanded back to decide afresh after giving full opportunity to the petitioner to put forward his defence. On 8/7/2020 an FIR was registered against the petitioner and other two co-accused persons in Police Station Khamariya, Jabalpur for offence under Sections 327, 294, 506, 427/34 of IPC in Crime No.184/2020. It is submitted that again on 8/7/2020 itself, the S.P. Jabalpur sent a recommendation for taking action under M.P. Rajya Suraksha Adhiniyam, in the light of the order passed by the Commissioner, Jabalpur dated 20/2/2019, Annexure P/2 as well as in the light of the fact that Crime No.184/2020 has been registered against the petitioner, and prayed that an order of externment for a period of one year may be passed. Accordingly, a show-cause notice was issued by the District Magistrate, Gwalior on 8/7/2020. It is submitted that the petitioner submitted his reply. The respondents examined their witness and after considering the material available on record, the District Magistrate, Jabalpur passed the order dated 28/7/2020 thereby externing the petitioner from the limits of Jabalpur and adjoining Districts, namely, Mandla, Dindori, Narsinghpur, Seoni, Katni, Damoh and Umaria for a period of one year. Being aggrieved by the said order, the petitioner preferred an appeal, which has been dismissed by the Commissioner, Jabalpur by order dated 11/11/2020 passed in case No. 12/Externment/2020.