YATINDRA Vs. HOME DEPARTMENT PRINCIPAL SECRETARY

JUDGEMENT

(1.) The petitioner has filed the petition under Article 226 of the Constitution of India against the impugned order dtd. 21/4/2022 (Annexure P/6) passed by the respondent No.2/Commissioner of Police, Indore Division, Indore, whereby the petitioner has been externed from the Districts of Indore and adjoining districts viz., Dewas, Dhar, Ujjain and Khargone under the provisions of the M.P. Rajya Suraksha Adhiniyam, 1990 (herein after referred as "the Act").

(2.) In brief, the facts of the case are that the petitioner is a resident of Indore to whom a show cause notice was issued by the respondent No.2/Commissioner of Police, Indore Division, Indore on 16/3/2022, under Sec. 8 of the M.P. Rajya Suraksha Adhiniyam, 1990 enumerating 10 cases which were registered against him from 2006 to 2021 and also a prohibitory proceedings initiated against him in the year 2022.

(3.) The petition has been filed on many grounds including that the petition is maintainable despite availability of alternative remedy; the order has been passed beyond the show cause notice, the order is in respect of other districts also only on account of their geographical proximity with Indore, old and stale cases have also been considered.