SURENDRA SINGH @ SHETH, SON OF LATE DAMODAR SINGH, RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR THROUGH CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA

JUDGEMENT

(1.) The petitioner has filed this writ application for quashing the order of externment under exercise of power conferred under Sec. 3 of Bihar Control of Crime Act, 1986 (hereinafter referred to as 'the Act') issued by the District Magistrate, Begusarai, contained in Memo No. 2334/Legal dated 27.09.2015 in Cr. Misc. Case No. 02/2015 (Annexure-1), by which he had been directed to remove himself outside the district of Begusarai till 08.11.2015 and to make his physical appearance recorded everyday in Laheriya Sarai Police Station within the district of Darbhanga.

(2.) In short, case of the petitioner is that he is a respectable person of the society and his wife is a member of Zila Parishad, for last 10 years, he is not an anti-social element. The petitioner had been doing business of greengrocer and subsequently he started business of Dairy and selling Cow milk but in the meantime, petitioner had been falsely implicated in three criminal cases as indicated in the order of externment passed by the District Magistrate, Begusarai, out of which, in Nayagaon (Shamho) P.S. Case No. 12/2005, the petitioner has been acquitted by the court of learned Judicial Magistrate-Ist Class, Begusarai, and two other cases bearing Nayagaon (Shamho) P.S. Case No. 58/2004 instituted under Sections 25(1-b)a, 26 and 35 of the Arms Act and Nayagaon (Shamho) P.S. Case No. 5/2006, instituted under Sections 147, 148, 149, 307, 386, 342 of the Indian Penal Code and 27 of the Arms Act are pending for trial. The petitioner further contends that in the General Elections of Lok Sabha and Vidhan Sabha held between the years 2006 and 2014, there had been no complain against the petitioner. The petitioner further contends that since he was not supporter of the sitting local M.L.A. Bago Singh @ Narendra Singh, therefore, at the instance of the said local M.L.A., he has been implicated in this Criminal Miscellaneous case and the order of externment dated 27.09.2015 came to be passed against him. The petitioner submitted his explanation on 26.09.2015 (Annexure-3) in terms of show cause notice dated 21.09.2015 issued by the District Magistrate, Begusarai, mentioning the entire facts and circumstances and submitting therein that he is not an anti-social element, but the District Magistrate, Begusarai, did not consider the said explanation properly and passed the order under challenge, which is illegal as well as abuse of power vested in the District Magistrate.

(3.) A counter-affidavit has been filed on behalf of the Respondent Nos. 4 and 5, contending herein that the petitioner is named, not only in three cases, rather he has a long criminal history and as many as five criminal cases are instituted on police report and one complaint case is also instituted against him. In paragraph no.8 of the said counter-affidavit, the particulars of the criminal cases are mentioned as under:-