KAMLESH @ PINTU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India is directed against the order of externment passed by District Magistrate, Khandwa on 01/07/2019 in Mis. Cr. Case No.43/2019 and confirmed by the Commissioner, Indore Division, Indore on 19/08/2019 in appeal No.26/Jilabadar/2019.

(2.) Learned State's counsel has raised a preliminary objection against maintainability of the writ petition inter alia contending that since the petitioner is resident of district Khandwa, the order of externment has been passed by District Magistrate Khandwa, therefore, the basic necessary and relevant 'cause of action' emanated from district Khandwa. Merely because, the appeal is decided by the Divisional Commissioner at Indore this by itself shall not entitle the petitioner to file a writ petition at Bench Indore for the reason that district Khandwa falls within the territorial jurisdiction at Principal Seat, Jabalpur.

(3.) Learned counsel for the petitioner tried to submit that since the appeal has been decided by the Commissioner at Indore, therefore, 'a part of cause of action' had arisen at Indore.