Gangaram S/o Shri Kanha Ji Versus Commissioner, Indore Division & another

Madhya Pradesh High Court (Single Judge)

WRIT PETITION, 9213 of 2021, Judgment Date: Dec 30, 2021

Law laid down -

1. This Court has no hesitation to hold that this Court would have jurisdiction to decide this dispute between the parties and to look into legality and proprietary of the order passed by the District Magistrate, Burhanpur falling within the territorial jurisdiction of Principal Seat at Jabalpur which has been affirmed in appeal by the Commissioner, Indore Division within the jurisdiction of Indore bench of this court. ( Para 8)

2. In case of externment order, it is the nature of the case and not the number of cases which is relevant for the purposes of initiating an externment proceedings, as it may be that only one case of serious nature would suffice to pass an order of externment whereas, number of cases of trivial nature would not be sufficient to initiate the externment proceedings. (Para 9)

3. In the matter of show cause notice, this Court in the case of Sudeep Patel vs. The State of M. P. (M. P. No.904/2017) on 09.01.2018 has already held that the purpose of initiation of externment proceedings is to restrain a person from committing another offence in the near future and in such circumstances the order of externment must be passed within the close proximity of the offences committed by the petitioner. (Para 10)

4. Reference of second criminal case in the impugned order for the first time, registered against the petitioner after two years of committing the first offence, without giving him any opportunity to rebut the same was also not appropriate on the part of the District Magistrate, Burhanpur, which clearly runs against the principles of natural justice. (Para 11)

Gangaram S/o Shri Kanha Ji Versus Commissioner, Indore Division & another