JOYAB KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Being aggrieved with the order passed in Writ Petition No.20525/2020 dated 15.2.2021, the present writ appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 has been filed. By way of relief the aforesaid order as well as the order dated 17.9.2020 passed by the District Magistrate and order dated 10.12.2020 passed by the Commissioner, Division Ujjain have been sought to be set aside in the facts of the case.

(2.) Succinctly speaking, the facts of the case are that the respondent No.3, Superintendent of Police, Ujjain had approached the Collector under Section 5(a)(b) of M.P. Rajya Suraksha Adhiniyam for passing an order of externment against the appellant. The grounds of externment were served to the appellant on 29.11.2017. As per the said grounds, the appellant has been shown to be involved in criminal activities since 2010 in District Shajapur. The Collector, Shajapur (Respondent No.2) vide order dated 17.9.2020 passed the order of externment against the appellant. As per this order, the appellant was externed from the boundaries of District Shajapur for a period of 6 months.

(3.) Learned counsel for the appellant submits that while passing the aforesaid order, the Collector had overlooked the reply and the documents filed by the appellant. The aforesaid order was challenged by the appellant before the Commissioner, Ujjain and Commissioner, Ujjain had dismissed the Appeal No.142/0136/Appeal/20-2021 on 10.12.2020. The appeal was dismissed solely on the ground that the acquittal of the appellant is on the basis of compromise, which cannot be considered to be clean acquittal.