MAGANLAL Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner has filed this petition being aggrieved by order dated 29.05.2017 so also also order dated 05.12.2016 respectively passed by the Commissioner, Gwalior Division, Gawlior, and the District Magistrate Gwalior.

(2.) Vide order dated 05.12.2016 petitioner has been externed exercising the authority under the provisions of Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 (hereinafter shall be referred to as the Adhiniyam). This order was passed externing the petitioner for a period of one year from the boundarries of District Datia and the neighbouring districts namely Shivpuri, Gwalior and Bhind. Against this order, petitioner had filed an appeal before the Divisional Commissioner as is provided under the provisions of Madhya Pradesh Rajya Suraksha Adhiniyam and that appeal too has been dismissed vide order dated 29.05.2017.

(3.) It is petitioner's contention that though the period of externment is over but he is still assailing the impugned orders for the reason that they have been passed with political intent and to deprive the petitioner of his right to liberty and personal freedom, inasmuch as petitioner was working as Sarpanch of Village Jitpura, which comes under Police Station Basai, Tahsil and District, Datia. For political reasons, a history of these cases was traced out against the petitioner and order of externment has been passed. It is submitted that as far as crime No. 99/2000 registered under the provisions of Sections 323, 336, 506-B, 34 of IPC is concerned, in the F.I.R. name of the petitioner was there but when charge-sheet was filed, name of the petitioner was removed and even the persons, who remained as accused, have been exonerated of the charges vide order dated 20.10.2005, as is seen from Annexure P-7. Annexure P-7 reveals that Maharaj Singh Lodhi and Bhagwan Singh were the accused persons, who have been acquitted, therefore, he submits that his name has been wrongly mentioned by the S.P. Datia and has been wrongly taken into consideration by the District Magistrate and Commissioner, Revenue, Division Gwalior overlooking the fact that in fact merely mention of a name of a person in the FIR is not sufficient to hold him to be an accused specially when his name was dropped and charge sheet was filed.