SUDEEP PATEL Vs. STATE OF M.P.

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Article 227 of the Constitution of India challenging the order dated 14.9.2017 (Annexure P/3) passed in an appeal by the Commissioner, Narmadapuram Division, District Hoshangabad whereby the order of externment dated 23.5.2017 (Annexure P/2) passed by the District Magistrate, Harda has been affirmed. Vide impugned order dated 23.5.2017, the petitioner has been externed from the district Harda and its contiguous districts viz. Hoshangabad, Khandwa, Dewas, Sehore and Betul and their revenue limits for a period of one year.

(2.) In brief the facts of the case are that the petitioner is a resident of village Baranga, Tehsil Khirkiya District Harda having certain criminal antecedents. On 9.6.2015 the Superintendent of Police, Harda submitted a report against the petitioner before the District Magistrate, Harda proposing initiation of action against him under the provisions of M.P. Rajya Suraksha Adhiniyam, 1990 (hereinafter referred to as 'the Adhiniyam of 1990'). On such report a show cause notice was also issued to the petitioner on 11.6.2015, the petitioner filed his reply on 14.7.2015 refuting the allegations levelled against him in the show cause notice and the District Magistrate Harda after considering the petitioner's reply and evidence on record has passed the order on 23.5.2017. Against the aforesaid order, the appeal preferred by the petitioner has also been dismissed vide order dated 14.9.2017 by the Commissioner, Narmadapuram Division, Hoshangabad.

(3.) Learned senior counsel for the petitioner has submitted that in the show cause notice, it is mentioned that the petitioner is involved inasmany as 15 cases and in most of the cases the petitioner has already been acquitted by the competent court of jurisdiction although some cases are pending but in those cases also the petitioner has also been bailed out by the Court.