JASBIR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Amit Kumar Das, learned counsel for the petitioner and Mr. Vijayant Verma, learned J.C. to G.P. II appearing on behalf of the State.

(2.) In this writ application the petitioner has prayed for quashing the order dated 23.08.2016 passed by the learned District Magistrate cum Deputy Commissioner, Singhbhum at Jamshedpur in C.C.A. Case No.17/16-17 whereby and where under in exercise of powers under section 3(3)(a) of Jharkhand Crime Control Act, the petitioner has been directed to remove himself from the District of Singhbhum East at Jamshedpur for a period of six months from 06.09.2016 to 05.03.2017 after executing a bond of Rs.25,000.00 with two sureties.

(3.) It has been stated by the learned counsel for the petitioner that the impugned order dated 208.2016 is bad in the eye of law in view of the fact that only one case has been instituted against the petitioner prior to his order of externment. It has further been stated that the petitioner cannot be said to be an anti-social element so as to attract section 3 of the Jharkhand Control of Crimes Act in view of the fact that the petitioner admittedly is not a habitual offender. Learned counsel, therefore, submits that the order of externment being not in consonance with the Jharkhand Control of Crimes Act deserves to be quashed and set aside.