MANISH PRATAP SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Article 226 of the Constitution of India against the order dated 20.06.2019 passed in an appeal by the respondent No.3 - Commissioner, Rewa Division, Rewa (M.P.) whereby the order of externment dated 26.11.2018 passed by the respondent No.4.- District Magistrate, Satna, District Satna (M.P.) has been affirmed.

(2.) In brief, the undisputed facts of the case are that the petitioner is a history sheeter having as many as 12 cases registered against him under IPC and under the provisions of the Public Gambling Act, 1867 and apart from that certain prohibitory actions have been initiated against him under Sections 107, 116 and 110 of Cr.P.C. A list of offences registered against the petitioner is as under : <FRM>JUDGEMENT_69_LAWS(MPH)8_2019_1.html</FRM>

(3.) Looking to the petitioner's antecedents and his demeanor in public, the Superintendent of Police, Satna vide his letter dated 22.04.2016 recommended to the District Magistrate, Satna that proceedings under the provisions of M.P. Rajya Suraksha Adhiniyam, 1990 (hereinafter referred to as 'the Adhiniyam of 1990') be initiated against the petitioner for his externment and subsequently on 25.11.2016 another recommendation was made by the S.P., Satna. On receiving the aforesaid recommendations, the District Magistrate, Satna issued a notice to the petitioner who also submitted his reply on 14.11.2018 contending that the petitioner is a resident of Satna and in most of the cases registered against him he has already been acquitted and subsequently certain cases have been registered against him but the same are only prohibitory proceedings under Cr.P.C. Thus it is submitted that the externment proceedings be dropped. On considering the aforesaid reply, the District Magistrate vide his order dated 26.11.2018 has allowed the recommendation and has externed the petitioner for a period of one year from the District Satna and the adjoining districts. The aforesaid order has been affirmed by the Commissioner, Rewa Division, Rewa in appeal and against the order passed by the Commissioner this petition has been preferred.