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TMI Blog2021 (11) TMI 1092X X X X Extracts X X X X X X X X Extracts X X X X ..... o finds that before passing the impugned order, the District Magistrate has not recorded the statement of any person from the area, who could say that he is afraid to go to police station only on account of the terror or influence exercised by the petitioner. It is apparent that by not providing the petitioner sufficient time to produce the orders of acquittal in the cases in which he was already acquitted, the principles of natural justice have been clearly violated and in such peculiar circumstances, even if the petitioner has not availed the remedy of appeal, this Court is of the considered opinion that this petition under Article 226 of the Constitution of India is maintainable. In the considered opinion of this court, had an opportu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner on the ground that the petitioner is involved in various criminal activities since 1998, which has led to fear in the minds of public and the public at large is also afraid to lodge any report against the petitioner. To this recommendation, the District Magistrate vide its notice dated 29.04.2021 ask the petitioner to show cause as to why he should not be externed from the Indore and adjoining Districts. On this show cause notice, a reply was filed by the petitioner on 01.06.2021 on the ground that the petitioner is a social worker and the 9 cases, which are said to be registered against him are minor in nature, which have been lodged only due to political vendetta and out of the 9 cases, six cases are under Sections 323, 294, 506, 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner is only within the jurisdiction of Police Station Heera Nagar and out of 9 cases, 8 cases have been registered against him by Police Heera Nagar and one case is by Police Chhoti Gwaltoli. In such circumstances, he should not have been externed from the adjoining Districts also. In support of this contention, Shri Chhabra has also relied upon a decision of Bombay High Court in the case of Balu Shivling Dombe Versus The Divisional Magistrate Pandharpur and another reported in AIR 1969 Bombay 351. 5. Counsel for the respondents/State, on the other hand, has opposed the prayer and it is submitted that no case for interference is made out as the petition is misconceived for the reason that an efficacious alternative statutory r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 506, 336, 34 IPC Hiranagar 498/98 dt.26/10/1998 Charge Framed pending 2 280/2000 147, 294, 506, 323 IPC Chhoti Gwaltoli 13388/2000 dt.22/09/2000 Charge Framed pending 3 78/06 451, 323, 294, 336, 506, 34 IPC Hiranagar 16803/2006 dt.19/05/2006 Charge Framed pending 4 180/09 188, 34 IPC Hiranagar 17560/2009 dt.31/07/2009 Charge Framed pending 5 681/14 323, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inst the petitioner, which shows his involvement in the criminal cases even now. This Court also finds that before passing the impugned order, the District Magistrate has not recorded the statement of any person from the area, who could say that he is afraid to go to police station only on account of the terror or influence exercised by the petitioner. 12. In view of the aforesaid discussion, it is apparent that by not providing the petitioner sufficient time to produce the orders of acquittal in the cases in which he was already acquitted, the principles of natural justice have been clearly violated and in such peculiar circumstances, even if the petitioner has not availed the remedy of appeal, this Court is of the considered opinion th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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