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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 ..... tioner has averred that although the remedy of appeal is available to him, however, as the petitioner has been deprived of proper hearing by the respondent and principles of natural justice have been violated, the present petition has been directly filed before this Court. 2. In brief, the facts of the case are that on a recommendation made by the Superintendent of Police, West Zone, Indore dated 24.03.2021 for initiation of externment proceedings against the petitioner 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led only one order of acquittal and the respondents have placed on record the documents regarding all the cases registered against the petitioner, which shows that he is still involved in criminal activities. Counsel has also submitted that no witness has been examined in the present case and only S.P.'s report has been made the basis to extern the petitioner. 4. Counsel for the petitioner has also submitted that even otherwise the operational area of the 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 Distric ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... court under Art.226 of the Constitution. So far as the criminal cases and their status, on the basis of which the impugned order has been passed are concerned, the same are reproduced as hereunder in tabular form :- Sr. No. Crime No. Sections Police Station Cr. Case No. Status 1 171/98 323, 294, 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, 294, 506, 34 IPC Hiranagar 23060/16 dt.07/07/2016 Charge Fram ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quittal 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 opportunity to produce the copies of acquittal orders passed in favour of the petitioner been given to him by the District Magistrate, the result of the outcome could have been different. 13. So far as the contention that the order of externment cannot be passed in respect of other adjoining district is concerned, this court is not required to dwell upon the sam ..... X X X X Extracts X X X X X X X X Extracts X X X X
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