MEHMOOD Vs. STATE OF M.P.

JUDGEMENT

(1.) With consent of learned counsel for the parties, heard finally.

(2.) The petitioner is permanent resident of Dewas. The Superintendent of Police, Dewas sent a letter to the District Magistrate, Dewas for initiation of proceedings u/s. 5(a) and (b) of M.P. Rajya Suraksha Adhiniyam, 1990 (hereinafter, for short, "Act of 1990"). A show-cause notice dated 27.12.2017 was issued to the petitioner as to why the proceedings of externment be not initiated against him. As per averments in show-cause notice, as many as 21 criminal cases have been registered against the petitioner from the year 1991 till 2017 under various Sections of the IPC and general public is feeling insecured to depose against him.

(3.) The petitioner submitted detailed reply to the showcause notice by submitting that earlier, vide order dated 7.7.2007 he was subjected to externment for a period of six months, which he challenged in Writ Petition No.2188/2009 before this Court and vide order dated 2.4.2009, the matter was remanded to the District Magistrate for deciding afresh. Thereafter, the proceedings were dropped. From 2009 to 2018, only four cases have been registered against him and he is living peacefully with his family. He has further submitted that in most of the cases, he has been acquitted.