DEVENDRA SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition filed under Article 226 of the Constitution challenges the order of District Magistrate, dated 23.11.2013, whereby the order of externment was passed. The appellate order dated 11.2.2014 is also under challenge in this petition.

(2.) SHRI R.S. Bansal, learned counsel for the petitioner, assailed the orders on the ground that externment order is based on five crime numbers mentioned in the order, Annexure P -2. In Crime No. 107/2005, the petitioner is already acquitted. The attention is drawn on the judgment dated 21.8.2008 in Criminal Case No. 912/2006 (Page 30). It is submitted that petitioner is also exonerated in Crime No. 88/2007. Case mentioned in Item 3 is not of serious nature. Case No. 43/2013 is not pending at Bhind and it is pending at Gwalior. Thus, it cannot be reason for externment at Bhind. In addition, it is submitted that the statement of petitioner's wife obtained by post is taken into consideration without affording opportunity to the petitioner. No material is shown to establish that nobody was willing to become witness against the petitioner. He relied on certain judgments.

(3.) I have heard learned counsel for the parties and perused the record.