SHYAMSUNDER SEN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The instant writ petition filed under Article 226 of the Constitution Constituti of India assailing the orders passed by the Collector/ District Magistrate District-Anuppur Anuppur on 8/4/2024 under the provisions of Madhya Pradesh Rajya Suraksha Adhiniya Adhiniyam, m, 1990 and the order passed by Commissioner, Shahdol Division Shahdol on 16/8/2024 rejecting the appeal of the petitioner against the order of externment.

(2.) With the consent of the parties, matter is heard finally.

(3.) Mr. Jai Shukla, Advocate appearing on behalf of petitioner submits that upon the report of Superintendent of Police, Anuppur An dtd. 12/1/2024 Collector Collector-cum-District District Magistrate, Anuppur registered a case under Sec. 0001/externment/2024 1/externment/2024 against the petitioner under Ss. 4, 5 and 6 of M.P. Rajya Suraksha Adhiniyam, 1990. He further submits that a show show-cause cause notice was issued to the petitioner on 14/2/2024, which was duly replied by the petitioner on 4/3/2024 when the petitioner submitted that he is not indulged in any criminal activity and the report has been submitted by the Superintendent of Police on the basis of old cases. He further submits that earlier also the order was passed under the provisions of Adhiniyam, 1990 and the petitioner was directed to appear befor beforee the Station Officer, Chachai District-Anuppur Anuppur on every Tuesday at 12:00 PM for a period of 6 months and the petitioner has duly complied with the order and except one case i.e. Crime No. 51/2023 registered under Sec. 4(a) of Gambling Act no other case was registered against the petitioner however, once again the report was submitted by the Superintendent of Police without application of mind and the petitioner has been noticed for proposed externment. He further submits that on 8/4/2024, Collector Collector-cum-District District Magistrate passed the order of externment for a period of one year from the Distric Districtt-Anuppur and other adjacent districts i.e. Shahdol, Umaria and Dindori. Order was assailed by the petitioner before Revenue Commissioner, Shahdol Division-Shahdo Shahdoll in appeal, which was dismissed by order dtd. 16/8/2024 therefore, the present petition has been preferred.