LAWS(JHAR)-2017-7-173

GODBIN KHAN @ GODWIN KHAN Vs. STATE OF JHARKHAND

Decided On July 17, 2017
Godbin Khan @ Godwin Khan Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard Mr. Shailesh Kumar Singh, learned counsel appearing for the petitioner and Mr. Binod Singh, S.C. (L&C) appearing for the State-respondents.

(2.) In this application, the petitioner has prayed for quashing of the order dated 03.02017 passed by the District Magistrate, Dhanbad in C.C.A. Case No. 01 of 2017, whereby and where under, an order of externment under Section 3 of the Jharkhand Control of Crimes Act, 2002 (for short the 'Act') has been passed as against him and the petitioner has been directed to take prior permission from the respondent No. 2 in case he needs to appear in the criminal cases on the dates fixed.

(3.) It has been submitted by learned counsel for the petitioner that the impugned order dated 002.2017 is bad in law in view of the fact that there is no nexus with the criminal cases pending and the order of externment so passed. Learned counsel further submits that the cases on the basis of which the impugned order has been passed are stale cases which could not have been taken into consideration for passing an order under Section 3 of the Act. Learned counsel has also submitted that the petitioner is not an antisocial element in terms of Section 2(d)(1) of the Act.