Citation : 2023 Latest Caselaw 3499 Ker
Judgement Date : 24 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
WP(CRL.) NO. 287 OF 2023
PETITIONER/PETITIONER:
SREEJITH
AGED 22 YEARS
S/O. SIVAKUMAR, VINU NIVAS, KUZHIKKAL HOUSE,
NOMBIKKODE, ELAPPULLY, PALAKKAD, PIN - 678622
BY ADVS.
T.R.TARIN
P.K.ANIL
RESPONDENTS/RESPONDENTS:
1 THE SECRETARY
ADVISORY BOARD, KERALA ANTI-SOCIAL ACTIVITIES
(PREVENTION) ACT 2007 (KAAPA), PADAM ROAD, ELAMAKKARA,
ERNAKULAM, PIN - 682026
2 THE DISTRICT POLICE CHIEF
PALAKAAD, PIN - 678014
3 THE DEPUTY INSPECTOR GENERAL OF POLICE
RANGE OFFICE, TRICHUR, PIN - 680001
SRI. K.A.ANAS, GOVERNMENT PLEADER
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ALEXANDER THOMAS & C.S.SUDHA, JJ.
=================================
W.P(Crl.)No.287 of 2023
=================================
Dated this the 24th day of March, 2023
JUDGMENT
Alexander Thomas, J.
The learned Prosecutor has submitted that there is no prayer in the
present Writ Petition (Crl.), for quashment of the impugned externment
order dated 06.12.2022 issued by R-3 (DIG, Thrissur) and even a copy of
the said externment order has not been produced in this W.P(Crl.) and
that whereas, the orders under challenge are only Ext.P-1, which is the
show cause notice issued by R-3 (DIG), prior to the issuance of the
impugned externment order as well as Ext.P-2 order dated 06.03.2023,
which is only the order of the Advisory Board.
2. The above factual submissions of the learned Prosecutor are
not disputed by the petitioner in any manner. Hence, liberty is accorded
to the petitioner, to file a fresh Writ Petition (Crl.), with the prayer for
quashment of the impugned externment order and after producing a
copy of the said externment order. W.P(Crl.)No.287 of 2023
With the said liberty, the above Writ Petition (Crl.) will stand
disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
C.S.SUDHA, JUDGE
vgd W.P(Crl.)No.287 of 2023
APPENDIX OF WP(CRL.) 287/2023
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTICE OF THE 2ND RESPONDENT DATED 27.10.2022
EXHIBIT P2 TRUE COPY OF THE ORDER OF THE ADVISORY BOARD DATED 6.3.2023
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