Gujarat High Court
Narayan @ Jayesh Munnabhai Bagada vs State Of Gujarat on 7 February, 2024
NEUTRAL CITATION
R/SCR.A/12057/2023 JUDGMENT DATED: 07/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 12057 of 2023
(AGAINST ORDER OF EXTERNMENT)
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DIVYESH A. JOSHI : Sd/-
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1 Whether Reporters of Local Papers may be NO
allowed to see the judgment ?
2 To be referred to the Reporter or not ? NO
3 Whether their Lordships wish to see the
fair copy of the judgment ? NO
4 Whether this case involves a substantial
question of law as to the interpretation
of the Constitution of India or any NO
order made thereunder ?
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NARAYAN @ JAYESH MUNNABHAI BAGADA
Versus
STATE OF GUJARAT
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Appearance:
MR ROHITKUMAR R SHARMA for the Applicant(s) No. 1
MR BHARGAV PANDYA APP for the Respondent(s) No. 1-3
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 07/02/2024
ORAL JUDGMENT
1. Rule. Learned APP waives service of notice of Rule
for respondents.
2. By way of present petition under Articles 226 and
227 of the Constitution of India, the petitioner
has prayed for quashment of the order of
externment dated 17.07.2023 passed by the
NEUTRAL CITATION
R/SCR.A/12057/2023 JUDGMENT DATED: 07/02/2024
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Assistant Police Commissioner, 'K' Division, Surat
being No.HDP/47/2023.
3. Heard learned advocate, Mr. Rohitkumar Sharma for
the petitioner and learned APP Mr. Bhargav Pandya
for the respondents.
4. Learned advocate appearing for the petitioner has
submitted that while passing the impugned order of
externment, the concerned police authority has
relied upon one offence registered against the
applicant-accused with the Amroli Police Station
being C.R. No.Part-A-11210004220359 of 2022 of the
offence punishable under Sections 323, 324, 325,
294(B), 506(2), 427, 143, 147, 148 and 149 of the
IPC and Section 135 of the Gujarat Police Act,
however in the said offence which has been relied
upon by the police authority while passing an
order of externment, the petitioner - accused has
already been acquitted by the learned 19th
Additional Chief Judicial Magistrate, Surat vide
its order dated 18.01.2024 and, therefore, the
impugned order passed by the authority does not
survive and is required to be quashed and set
aside.
5. Learned APP appearing for the respondents has
submitted that if the aforesaid being the
situation, then this Court may pass appropriate
order.
6. Having heard the learned counsel appearing for the
parties and having gone through the materials
available on record as well as considering the
NEUTRAL CITATION
R/SCR.A/12057/2023 JUDGMENT DATED: 07/02/2024
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submissions made by the learned advocate for the
applicant, it is found out that in connection with
the offence upon which reliance has been put by
the authority while passing an impugned order of
externment, the petitioner has already been
acquitted and copy of said order is placed on
record. Thus in view of the above facts, I am of
the view that the present application deserves
consideration.
7. Therefore, the present application is allowed. The
impugned order of externment dated 17.07.2023
passed by the Assistant Police Commissioner, 'K'
Division, Surat being No.HDP/47/2023 is hereby
quashed and set aside.
8. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
Sd/-
(DIVYESH A. JOSHI, J.)
Gautam
