ANIL Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard. By this writ petition under Article 226 of the Constitution of India, the petitioner is praying for quashment of externment order dtd. 6/4/2017 passed by the District Magistrate, Barwani and order dtd. 4/10/2017 (Annexure P-1) passed by the Commissioner, Indore Division by which appeal under Sec. 9 of the M. P. state Security Act, 1990 (in short "the Act of 1990") preferred by the petitioner has been dismissed.

(2.) Facts of the case are the petitioner is resident of Barwani. On the basis of report submitted by the Superintendent of Police, Barwani, the District Magistrate initiated action against the petitioner under Sec. 5(a-b) of the Act of 1990 and a show cause notice was issued to the petitioner.

(3.) The petitioner submitted his reply and denied the allegation made against him and submitted that out of total five criminal cases registered against him at Rajpur vide Crime No.474/2007, Crime No.84/2008, Crime No.478/2013, Crime No.444/2014 and Crime No.26/2016, he has been acquitted in Crime No.474/2007, Crime No.84/2008 and Crime No.444/2014. In Crime No.26/2016, as the offences under Sec. 294, 323, 506 and 34 of the IPC is compoundable, an application for compromise has been filed and the same is pending before the Judicial Magistrate First Class.