LALIT CHANDEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition is filed against the show cause notice dtd. 22/9/2023 issued by District Magistrate Mandsaur under Sec. 7 and 8 of MP Rajya Suraksha Adhiniyam, 1990 to show cause why proceedings for externment should not be initiated against him.

(2.) Learned counsel for the petitioner submits that almost on the similar criminal cases and on the record of Superintendent of Police, the order of externment was passed and appeal was dismissed. When he filed writ petition, the petition was partly allowed and the period of extenment was reduced in WP No.20012/2020. Again respondent no.2 issued show cause notice on the same set of criminal cases and the order of externment was passed and the same was challenged before this Court in WP No.27864/2022. The said writ petition was allowed and the order of externment was set aside. Against the said order, the writ appeal was preferred by the State i.e. WA No.273/2023 mainly on the ground that the learned Single Judge has committed error in setting aside the order in respect of adjoining districts, which is contrary to the Sec. 5-B of the Adhiniyam. On that ground the order passed by the Writ Court was stayed by the Division Bench and the said appeal is pending.

(3.) Learned counsel for the respondent raises preliminary objection that the present petition is filed against the show cause notice and therefore, it is not maintainable.