RAM LAKHAN YADAV Vs. STATE OF M. P.

JUDGEMENT

(1.) Mr. Vasant Daniel learned counsel for the petitioner.

(2.) On 6.11.2016, the petitioner was externed by the District Magistrate, Jabalpur for a period of six months. The said order was challenged in appeal. The same was confirmed by the Commissioner, Jabalpur. Thereafter, on 23.6.2018, the Superintendent of Police, Jabalpur forwarded an application to the District Magistrate, Jabalpur for proceeding against the petitioner under the provisions of Madhya Pradesh Rajya Suraksha Avam Lok Vyavastha Adhiniyam, 1990. It was registered as case No.6/2018 and 16 cases pending against the petitioner were tendered along with application by the Superintendent of Police. Vide order dated 29.9.2018, the Collector Jabalpur passed an order of externment against the petitioner for a period of one year, vide order dated 29.9.2018. The said order of externment was challenged before the Commissioner, Jabalpur who allowed the appeal, quashed the order of externment passed by the Collector.

(3.) Thereafter on 22.3.2020 an incident took place within the jurisdiction of Police Station Khamariya and Crime No. 184/2020 was registered four months later on 8.7.2020 for offences punishable under sections 327,427,294,506 and 34 IPC by the complainant Gaurav Dixit. But for the offence under section 327, the remaining offences were all bailable. On 8.7.2020, the SHO of PS Khamariya forwarded the FIR dated 8.7.2020, to the Superintendent of Police, Jabalpur. The Superintendent of Police, Jabalpur vide his order of even date, forwarded the letter to the District Magistrate, Jabalpur and on 10.7.2020, Nirupa Pandey, ASI at PS Khamariya swore an affidavit where she levelled allegations against the petitioner to the effect that he was a habitual offender and was creating a law-and-order situation in the vicinity of Dumna Airport by extorting money and intimidating persons. On 17.7.2020 Nirupa Pandey, ASI was cross-examined wherein she deposed before the Court denying all the facts and evidence in the affidavit dated 10.7.2020 and she also categorically accepted the fact that the petitioner had not committed any offence between 2017 to 2020. However, the same notwithstanding, the District Magistrate vide order dated 28.7.2020 passed the order externing the petitioner for a period of one year from Jabalpur and other adjoining districts.