Madhya Pradesh High Court
Anil @ Anna vs The State Of Madhya Pradesh on 1 October, 2021
Author: Pranay Verma
1
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
W.P. No.8874/2021
Anil @ Anna S/o Babulal Chawre V/s. State of M.P. & Others
Indore, Dated:- 01/10/2021
Shri Sachin Parmar, learned counsel for the petitioner.
Shri D.S.Chouhan, learned Govt. Advocate for the
respondents/State.
1. With the consent of learned counsel for the parties, the
matter is finally heard.
2. By this petition preferred under Article 226 of the
Constitution of India petitioner has challenged the order dated
22.03.2021 passed by the Commissioner, Ujjain Division, Ujjain
whereby he has dismissed the appeal preferred by the petitioner
against the order dated 02.12.2020 passed by the District
Magistrate, District Shajapur directing for externment of the
petitioner from the limits of District Shajapur and nearby
Districts namely Dewas, Ujjain, Agar Malwa, Rajgarh and
Sehore for a period of six months in exercise of powers under
Section 5(a)(b) of M.P. Rajya Suraksha Adhiniyam, 1990
(hereinafter preferred to as "the Adhiniyam, 1990").
3. The facts of the case are that Superintendent of Police,
District Shajapur, by letter dated dated 12.11.2017 requested the
District Magistrate, District Shajapur to initiate externment
proceedings against the petitioner for being involved in criminal
activities as he was creating panic and was causing terror
resultant to which no witnesses were coming forward to depose
against him. It was requested that the petitioner be externed
Signature Not Verified
SAN
Digitally signed by NEERAJ
SARVATE
Date: 2021.10.07 15:30:33 IST
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
W.P. No.8874/2021
Anil @ Anna S/o Babulal Chawre V/s. State of M.P. & Others
under Section 5(a)(b) of the Adhiniyam, 1990. The District
Magistrate, District Shajapur issued show cause notice to the
petitioner under Section 8 of the Adhiniyam, 1990. The petitioner
submitted his reply along with affidavit in his support refuting
the allegations of being involved in criminal activities and
submitted that in most of the cases registered against him he has
either been acquitted or the matter has been compromised.
However, the submission of the petitioner did not find support
from the District Magistrate and externment order was passed
against him for a period of six months. The appeal against this
order has also been dismissed by the impugned order dated
22.03.2021.
4. Counsel for the petitioner has submitted that the impugned
order has been passed after a period of 37 months of service of
ground of externment as the same were served upon the
petitioner on 21.11.2017. The petitioner has been acquitted in
most of the cases which were even otherwise very old. The last
case was registered against the petitioner in the year 2017 and no
case has been registered against him since then. As the petitioner
has been acquitted in almost all the cases there was no occasion
to apprehend that public peace would be jeopardized on account
of his activities. The recommendation was made by the
Superintendent of Police on 21.11.2017 and the show cause
notice was issued to the petitioner on 23.09.2020 i.e. after a
period of more than two years and three months and thereafter
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final order was passed on 02.12.2020. It is hence submitted that
Digitally signed by NEERAJ
SARVATE
Date: 2021.10.07 15:30:33 IST
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
W.P. No.8874/2021
Anil @ Anna S/o Babulal Chawre V/s. State of M.P. & Others
the impugned orders are illegal and are liable to be set aside. In
support of his contentions the counsel for the petitioner has relied
upon the Division Bench decisions of this Court in Joyab Khan
V/s. State of M.P. & Others, (Writ Appeal No.188/21 decided
on 24.02.2021) and Irshad Hussain Qureshi V/s. State of M.P.
& Others (Writ Appeal No.177/21 decided on 09.03.2021).
5. Learned counsel for the respondent/State supported the
impugned orders and submitted that order of externment was
passed against the petitioner keeping in view his criminal
antecedents and resultant terror created in the mind of public at
large and any relief to the petitioner would create sense of
insecurity to the public at large.
6. From the facts of the case it is seen that there is an
inordinate time gap between the date when the grounds of
externment were served upon the petitioner i.e. 21.11.2017 and
when the order of externment was passed against him i.e. on
02.12.2020. It is hence seen that there has been a huge time lag
between date of service of grounds of externment and the order
of externment and the petitioner has not been found to have
indulged in any major criminal activities since 2017.
7. In the present facts of the case it would be appropriate to
note the criminal history of the petitioner which is as under :-
S.No. Crime No. Case No. Result Annexure
1 171/2007
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SAN
Digitally signed by NEERAJ
SARVATE
Date: 2021.10.07 15:30:33 IST
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
W.P. No.8874/2021
Anil @ Anna S/o Babulal Chawre V/s. State of M.P. & Others
2 513/2007
3 144/2009 276/2009 Acquitted P/4
4 008/2010 53/2010 Acquitted P/5
5 128/2010 212/2010 Acquitted P/6
6 159/2010 272/2010 Acquitted P/7
7 50/2011 496/2011 Compromise P/8
8 57/2011 488/2012 Acquitted P/9
9 135/2011 1275/2011 Acquitted P/10
10 286/2012
11 174/2015 Acquitted P/11
12 152/2017
13 01/06/16 Istagasa
14 32/2017 Istagasa
8. A perusal of the aforesaid table shows that the petitioner
has been acquitted in the criminal cases registered against him
and one case has been compromised. There is nothing on record
to show that the acquittal was on account of the fact that
witnesses had not turned up due to fear of the petitioner. Thus in
the available facts of the case the judgments relied upon by the
learned counsel for the petitioner apply in full force.
9. In view of the aforesaid discussion, it is evident that there
has been a huge time lag between date of service of ground of
externment and the order of externment and there is nothing to
show that acquittal of petitioner from criminal cases was on
account of his fear. The impugned orders dated 22.03.2021 and
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02.12.2020 are hence hereby set aside.
Digitally signed by NEERAJ
SARVATE
Date: 2021.10.07 15:30:33 IST
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
W.P. No.8874/2021
Anil @ Anna S/o Babulal Chawre V/s. State of M.P. & Others
10. Accordingly, the Writ Petition stands allowed and disposed
of.
Certified copy as per rules.
(PRANAY VERMA)
JUDGE
ns
Signature Not Verified
SAN
Digitally signed by NEERAJ
SARVATE
Date: 2021.10.07 15:30:33 IST
