RAJU RATHORE Vs. STATE OF M.P.

JUDGEMENT

(1.) BY filing this petition under Article 226 of the Constitution, the petitioner has challenged the validity and legality of the order Annexure A/2 dated 16.3.2012 whereby the competent authority has passed an externment order. The order dated 30.4.2012 whereby appeal of the petitioner is rejected by the Commissioner is also called in question in this petition.

(2.) BRIEF facts necessary for adjudication of this petition are as under :

(3.) THE competent authority in Annexure A/2 opined that although on 29.12.2009 (Annexure A/1), no action was taken against the petitioner for externment, yet after that from 2009 to 2011, five criminal cases bearing case Nos.53/10, 279/10, 104/11, 156/11 and 321/11 were instituted against the petitioner. The petitioner is acquitted in two cases i.e. 53/10 and 279/10 and in other cases which are registered under Sections 323, 294, 324, 506 and 34 IPC, the petitioner has not been acquitted till date. On the basis of aforesaid, it is opined that the petitioner was involved in cases under the Gambling Act as well as other criminal cases and activity. Considering the aforesaid record, it is opined that the petitioner may get involved again in similar nature of crime. On the basis of report of Superintendent of Police (S.P.), it is opined that because of conduct of the petitioner, there is a general fear amongst the citizens and common man cannot dare to lodge report against the petitioner and depose against him in the Court.