SUNIL Vs. STATE OF M.P. AND OTHERS

JUDGEMENT

(1.) The petitioner has called in question the order dated 12.1.2015, passed by the District Magistrate, Sagar, under the provisions of Section 5(b) of the M.P. Rajya Suraksha Adhiniyam, 1990 (hereinafter referred to as the Act for short), as also the order dated 1.6.2015, passed by the appellate authority, the Commissioner, Sagar Division Sagar, rejecting the appeal of the petitioner, in this petition under Article 226 of the Constitution of India.

(2.) It is contended by learned counsel for the petitioner that merely because of submitting a report by the Station House Officer, Rahatgarh, District Sagar, indicating certain criminal cases registered against the petitioner and forwarding of the said complaint report by the Superintendent of Police to the District Magistrate, a show cause notice was issued to the petitioner calling his explanation as to why he should not be removed from the area under the provisions of Section 5 of the Act. By filing a reply to the said show cause notice, it was categorically pointed out by the petitioner that he belongs to a religious group and since he is discharging the religious and social duties, some of the miscreants have made the complaint against the petitioner on account of which petty offences were registered against him. However, in none of the cases, the petitioner was convicted as in many of the cases, the petitioner was acquitted. Only because of such malafides of the unsocial elements, the report was made against the petitioner, therefore, he was not to be removed from the area.

(3.) After receipt of the reply of the petitioner, some sort of enquiry was conducted by the District Magistrate, but without even recording his satisfaction in respect of making out a case under Section 5(b) of the Act, the order has been issued against the petitioner. An appeal was preferred against the said order, but the same has been dismissed by the appellate authority without considering these aspects, therefore, the present writ petition is required to be filed.