MANISH Vs. STATE OF MP

JUDGEMENT

(1.) This petition is directed against order dated 15.4.2008 by District Magistrate, Seoni in Criminal Case No. 17/2003 by which the petitioner No. 1 was externed under Sections 5,6 and 12 of the M.P. Rajya Suraksha Adhiniyam, 1990 (hereinafter referred to as 'Adhiniyam' for short).

(2.) Learned counsel for petitioners submitted that the Collector, Seoni vide order dated 26.2.2008 called a report in respect of activities of petitioner No. 1 from Superintendent of Police, Seoni. The aforesaid information was furnished to the District Magistrate, Seoni by the Superintendent of Police on 27.3.2008 and the Collector, Seoni while passing order (Annexure P-1) took into consideration the aforesaid report in Paras 7 and 8 of the impugned order. It was submitted that without extending an opportunity to explain the aforesaid circumstances appearing in the report, the order was passed by which the petitioner No. 1 was externed vide order Annexure P-l for a period of one year. The petitioner preferred an appeal before the Commissioner, Jabalpur Division, but vide order Annexure P-2 it was dismissed. It was submitted that the order (Annexure P-1) which has been passed without following the principles of natural justice, may be quashed.

(3.) Shri Vinod Mehta, learned Govt. Advocate, produced the report of District Magistrate, Seoni and from the perusal of record we find that the entire record has been produced.