IN THE HIGH COURT OF MADHYA PRADESH

PRINCIPAL SEAT AT JABALPUR

W Noe695512019

PETITIONER Sheik Shoycb

mVersuse

RESPONDENTS Statc 0 MP Eind ors

INDEX

SeNOe Particulars Annexure Page NOe

1 Return
1 21
2 Affidavit
5
3 Copy of the cases Rll 6
registered against
the petitioner

4 Vakalatnama 97

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Date 1011012019
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Site lchargeJabalpur
 1

IN THE PRINCIPAL
HIGH COURT OF MADHYA PRADESH
SEAT AT JABALPUR
G
l
WeP Il

Noe695512019
ie
PETITIONER Sheik Shoyeb
e
e

Versuse OV

RESPONDENTS State of MP and othtrs

RETURN ON BEHALF OF RESPONDENTS

The respondentsnamed above respectfllly submit as under

1 That the petitionerhas filed the lnstallt writ petitionprayedfor the

followingrelief

1e
May pleasequash the order passedby Collector Seoni in Jila
Badar Criminal Case No 6112018 order dated 12112018
G
S
Annexure Pl2 and order passedloyCommissioner Jabalpurin
7 4

C Case No 02091Jila Badar12018 order dated 06032019

02 91 lI 1
Io Annexure Pl l
1

CS e Any other direction may kindly be issued to the respondentsas

4
ee
1 1K
414tpu deemed fit in thc present ClrcumstanceSe

2 The
petitionerhas invoked the extraort12arywrit jurisdictionof this
23 SEP2019 Honble Court challengingorders datd 06032019 lnn Pl 11as
passedin appealby the Divisional Conlnoissioner Jabalpur whereby
the appeal filed by the againstthe
petitioner order dated 121 12018

Pl2I as passedby the CollectorlDistricllMagistrateSeoni

3 That the respondentssubmit

answering that the notices were issued

Uls 8 11to the petitioner

with regardto the externmerit proceedings

upon receivingof the notices the petitionerflled a reply statingthat

all the allegationleveled by the State 21insthim is not absolute and
there is no legalityin the notice issue61to him the entire case which
registeredagainstthe petitioneris patty in nature and all the offence
which were registeredagainst him are compoundabletherefore the
of externment is issued egainsthim is void Maximum

cases againstthe petitionerregistered

under the Gambling
Act

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 2

4 That the respondentsmost respectfully

answering submit that there
are cases
11 registeredagainst the present petitioneralthoughthe
maxlmum cases are registeredunder GamblingAct it is pertinentto
rncntion here that lIl Para 64 the petitionerhas itself submitted a
detail statement contained the result shown in remark column It is
most respectfullysubmitted that lt 1S the petitioner case that in
maxlmum case the petitionerhas beell punished by way of penalty
therefore it cannot be said that th petitioner has never been

indulgedin the activities which are prohibitorylIl nature That the

cases
registeredagainst the petitioner lS also dangerousfor the
soclety at large The petitioner
is habitual criminal and he instigate
the youth and tnes to indulge them into the bad habit of gambling
due to which public tranquility
at largeis alwaysin dangertherefore
for the sake of the societythe order passed by the authorities is
absolute and valid as per law The copy of the cases registered
1S
against the petitioner also marked and filed herewith as

ANNEXURE Rll

5 It is also allegedthat the fact that he 1S not involved in any criminal

case
after year 2018 as well as in other offences against
registered
him prior to year 20 18 he has been acquittedin most of the cases

and this fact has not been considered and the order of externment
es
1
e 4

r
been passedagainsthim It is contended that his appealhas also
ot and his externment from
been considered in proper perspectirre
ve l r1

2
1
lX
1
0 revenue limits of District Seoni and contagiousdistricts such as
i 41
14 P NarsinghpurJabalpur Balaghatand Mandla has been
t
v

4 tLO k upheld

6 The answeringrespondentssubmit thst entire case of the petitioner

It is submitted that the
2 3 SEP2019 is misconceived and devoid of substailce
State Govt has enacted MePe Rajya Srlrciksha Adhiniyam 1990 to
provide for security of the State mairitenance of public order and

certain other matters connected therewith Sectior3 of the

Adhiniyam empowers the District Magistrate to pass restriction

orders In case District Magistrate1S satisfled with respect to any

personthat he is actingor lS likelyto act ln a manner prejudicialto

the securityof the State or maintenance of public order Sectior5 of

the Adhiniyam stipulatesthe circumstances under which a person

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 3

can be externed outside the district or districts contagiousthereto

within such time as District Magistratemay specifySub Section 01
of Section 5 stipulatesthat if there are reasonable grounds for
1S
believingthat such person is engaged
or about to be engaged
for
the commission of offences involvingforce of violence or an offence

punishableunder ChapterXH XVI or XVII or under Section 506 or

509 ofthe Indian Penal Code

7 The order of externment being lIl accordance with law containing

sufficient reasons is beyondthe scope ofjudicial scrutiny It may also
be appreciated that as per the stipulationsof Section 10 of the

Adhiniyaman order passedorder uls 5 of the Adhiniyamshall not

call in questionin any Court excepton the grounds

a
That the District Magistrate had not followed procedure
laid down in Sub Section lll ofSectione8 or

be That there was no material before the District Magistrate

upon which he could have passed his order or
Ce
That the District Magistrate was not of opinion that
witnesses were unwillingto come forward to give evidence
111 111
public against the person respect of whom an order
4
Inade uls Se
e
was
1 1S
61
the present case the order of externment passedby the District
Ul tC
1

e0 1
14 Iligistrate
Ij does not inflrmityand therefore it 1S
contain any such
r

91
the scope ofjudicialscrutinyby the application
of Sec10 of
fl lk
75611il l5 AdhiniyamAllegationsof political influence are categorically
denied beinghypotheticaland baseless

8 The appealpreferredby the petitioneruls 90f the Adhiniyamhas

2 3 SEP2O19 been considered by the Divisional Commissioner Jabalpur being
appellateauthorityon the groundsurged by the petitionerThe
learned AppellateAuthorityhas recorded concurrent flnding that
there are sufficient cause to pass an order of externment uls 5
bl of theAdhiniyamand in this manner the appeal of the petitioner
has rightlybeen rejectedln a speakingmanne The appellateorder

also being well within the jurisdictionand havingbeen passedln a

reasoned manner is beyondthe scope ofjudicialreview

9 In view of the submissions made hereinabove no case has been made

out
warrantinginterference of this Honble Court in exercise of its

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 4

writ jurisdiction The petitionbeing bereft

extraordinary of merit
deserves to be dismissed

10 An affidavit in support is filed herewith

DATED
SEP2019
t 1

FOR RESPONDENTS
0 OATHS
a
COUNSEL
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2 3 SEP2019

42
4

Date 1011012019
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Site Incharge
Jabalpur
 5

IN THE HIGH COURT OF MADHYA PRADESH

PRINCIPAISEAT AT JABALPUR

WP No695512019

PETITIONER Sheik Shoyeb

mVersusm

RESPONDENTS State of MP and others

AFFIDAVIT

I Kumar Pathak Slo Shri R C Pathak agedabout 38

SO0P Seoni District Seoni VIPl 2k OIC of the case do hereby

rnakeoath and state as under

return on
1 That theaccompanying has been drafted my instructions
andI have read understood its contents

2 That thecontents of Paras 1 to end of the attached return are based

oninformation derived from offlcial records which I believe to b true

AT H
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W1
Kumar Pathakthe aove named deponent do hereby verifythat
541 2 of above affldavit are true to my
4

the contents of Paras 1 and

personalknowledgee
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this2 2019 at Jabalpur

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Date 1011012019
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Site Incharge Jabalpur
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Date 1011012019
Verified By 1 Niket Trivedi
Site Incharge Jabalpur