1

WP Noe 1303112018

PETITIONER Mukesh Yadav

Versus

RESPONDENTS State of MP and Others

SeNoe Particulars Ann Page

Noe
1 a
Return 1
2 Affidavit 6
3 The copy of the reportsubmitted 11 1
before the IOistrict Magistrate
dated 25102017
4 Vakalatnama l 1 1l

DECLARATION

It is declared that
Main matter is not included in
the current dailylweekly
list issuedby the Registr

JABALPUR
DATED C3 IlUG2018

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Date132018 5
Verified By 1 Niket
Site Incharge
CBSPL Jabalpur
 1

IN THE HIGH COURT OF MADHYA PRADESH

2
PRINCIPAL SEAT AT JABALPUR e
1
WP No
1303112018 l t

9 4
lIll
PETITIONERS Mukesh Yadav
10
1 1
1
e41
Versus

RESPONDENTS State of MP others

RETURN ON BEHALF OF RESPONDENTS

The respondentsbegsto submit as under
answering
1 In view of the facts and circumstances of the case the

petitionersprayingfor the following

relief

le
That the prayed that the Honble Court
petitioner
e 1
may kindlybe pleasedto setaside the externment
e
1 6
order clated 04062018
1
and order dated 29Ol2018
e

lr j
passed by the respondent
No 4 and e
respondent
1
t P
2
4
4
r
r
m t
rv
lle An otherrelf which the Honble Court ma
4ALYJV deems
fit and proper ma kindlybe granted
i16 Cost ofthepetitionmay also
kindl be awaited

2 That the maln contention of the petitioner1S that he 1S

law abidingand peace lovingcitizen and due to political

rivalryfalse complaintand report have been made to the

police and false cases are registeredagainsthim His

further contention is that most of the offences out of the

alleged cases have been acquitted The further

contention of the petitioner 1S that the responclents
Il without any foundation or basis issued ow cause

Date132018
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Site Incharge Jabalpur
 r

notices wherebyhe was

requiredto assign reason why
the Uls 3 211 5 31 of the MP jya
Suraksha Adhiniyam1990 may not be initiated against
him Further contention of the petitioner1S that show
cause notice was
havinga reference of one letttr of

Superintendentof Police whereby the said Flolice

authorityhas recommended to the District Magistrate
that the petitionerhas become a threat for the societyat
111 the
District Khandwa in particularand thus interest
of law and order proceeding
Uls 5 3Iof lhe Adhiniyam
may be initiated againsthim His further contention 1S
that alongwith the show cause notice the said letter

containingthe above said recommendation coupledwith

allegations
were not suppliedto the petitionerand thus
the petitionerwas not in a
positionto understand as to

the nature of allegationleveled against him by the

Superintendent
of Police

3 That the further contention of the petitionerlS that the

Learned District failed to
Magistrate see that all the cases

cited againstthe petitionerare not serious offences he

has alreadybeen acquittedmost of the offences out of

9

O el 4 S
cases those cases are not the ground of
as
Ol providedby the AdhiniyamHis further
4
U 14 lS that the above said offences are
1
not against
14
rA
jlt
1

public and also causing or calculated to

cause
41

alarmingdanger or harm the person or property as

8 AlJ 2018 required Uls 5 11 of the Adhiniyam His further

contention is that both the District Magistrateand
Commissioner have not appreciated the aforesaid
contention and passedthe order of externment for l year

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 3

That his further contention 1S

that the order has been

passed ln violation of principleof natural justice as per

the section 80f the Adhiniyam0I1 these grounds the

petitionhas been filed beforethe Honble Court

4That the answeringrespondentsubmits that all these

contention raised by the petitionerls mlsconceive and

OIl these
liable to be rejected following
reasons

5 That the answenng respondentssubrnit that the

petitionerhas been involved lIl criminal activities right

frOm 2007 to 2017 which shows that he is of crirninal

nature The Superintendent

of Police Khandwa has
submitted his report alongwith the list of cases on the

ground that the petitionerlS involved ln criminal

activities from the year 2007 It has been further stated
that before this the case No 612017has been prodlced
againstthe petitionerUl s 5 of the MP Ijya Suraksha
Adhiniyam1990 for externment and on
05052017that
District Magistratehad ordered that the petitioner
executed the bond within 3 daysand stated that he will
not do any criminall social activities alld he will be
present on every Sundayin Police Station
W

for 6 months and if duringthe said periodif

4
Ol
1
lodgedthe action maybe taken under IPC But the
U21
89
1
violated the order of District Magistrate
and he
4
ne
1 not present before the concerned Police Station and
V

caughtin Gambling
Act and againsthim criminal No

8AU62018 13512017Uls 4 of the

Gambling Act has been
registeredThe petitioner1S involved in Gamblingand till
dated he is involved in Satta and dayto day his criminal
activities has been enhanced and he has indulgedthe

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 1

1S the
youth lIl
Gamblingwhich dangerousand
1S
youngstersfuture spoiling The copy of the report
subrnitted before the District Magistratealongwith the
criminal record and list of evidences dated 25102017 lS

filed herewith as ANNEXUREmRll

6That the answeringrespondentssubmit that after

the said reportand after seeingthe

examining MP Rajya
Suraksha Adhiniyan 1990 provisions the Learned
District Magistratehas issued a notice Uls 8 of the
said Adhiniyam
to the petitionerby proceeding the
whye
order Uls 5 of the aforesaid Adhiniyammaynot be
passedthe said notice have been issued on 07112017
Thereafter the 111 the
petitionerwas not present

but his lawyerwaslpresent the matter was

listed On 20112017 the counsel appearingfor the

petitionerhas sought time for filing the reply on

05122017 the counsel again sought time and

ultimately
on 02O l 20 18 the petitioner
has filed replyof
show cause notice and thereafter on
15012018the
matter has finally been heard The copy of the
4e
before the Learned District Magistrate
will be
4eea
Ol b
at the time of hearingwhich shows that the
Ul 1

1
has givenproper opportunityof hearingwhile
order of externment

7 That the answering spondentssubmit that after

8AU62018 peruslng the allegationmade in the report made by the

of Police the Learned District Magistrate
Superintendent
had not committed any by passingthe
illegality order of
externment

Date13082018
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 S

8 That the submit that definitely

answeringrespondents
the 1S
petitioneris involved in antisocial elements and he
harm to the societyif such typeof persons have not been
restricted the message will go that the Government has

such typeof persons

protected
9 That the answeringrespondentssubmit that the

provisionsof Adhiniyamintended for makingpreventive

action to counteract activities of antisocial elements and

Adhiniyamconfer on the Government the power to take

action
appropriate so that peace and tranquilitywas not

disturbed and one manner of peace and

maintaining
tranquilitywas by removal of antisocial elements and

restrict their activities this has been held in the case of

Kumar Shourl vs State of ChhatisgarhP031

VolumeIIMPHT 17 CGl

10 That the answeringrespondentssubmit that the

Learned District Magistratehas rightly taken the past
activitieswhich have been done by the petitionerit is
submittedthat before this proceedingthe order of
4 externmenthas been passedby the Learned District
0
140 4
4
The violated the said order and
0
the criminal activities The
e
tJl 9i gain involved lIl past
11 Ie

to the situation existingat the

4 1

4 0
Ir must be related
4

rnomentwhen the order is to be passed This Honble

Court in case of Sanjlivs State of MP 2005 Volume IV
8AUG2018 MPHT102 MPIJabalpurheld the aforesaid situation

11 That the answering was

respondents
submit that it not

the case of the that the list of case mention 111

showcase were not at all registered
againsthim nor do

theyrelate to him in other words it was not the case of

Date132018
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 the 111 the case
that he was not involved Eited

by the State in show cause but it wasln relation to some

other persons It is submitted that acquittalln itself was

not ground tO Set aside the externment order the

petitionercan be acquittedln criminal cases can be on

the several groundsbecause of certain infirmities 1Il the

prosecutioncase but the fact of the accused involvement

lIl the crime lS commisslon of offence and his behavior
can
alwaysbe taken lnto account while the case
deciding
of his ekternment

12 That the answeringrespondentssubmit that the

Learned Commissioner also taking into consideration

that after the order passed by the Learned District
Magistrateof externment the petitionerinvolved againln
the criminal activities thoughit was the case under

Gambling
Act but it shows that the petitionerinvolved 111
criminal activities

13 That the answeringrespondents

submit that it is the
discretion of the administration that they have to

maintain peace where peopleare livingand theyhave to

see
that the law and order situation will be balanced

14 That the answeringrespondentssubmit that the

0
e
1 has of hearinghe has
givenproper opportunity
1
the replyof the show cause notice and the Learned
cJ 1

le
Cfe4
1 Magistrate after perusinghis replyand report
1

by the policeauthorityand after takingthe

e

statement of the policeofficial has passedthe order of

1

8 2018eXternment for l year againstthe petitioner

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 7

15 That the answeringrespondents

submit that theywill

produceentire records the proceedingsa photograph

of the record will be kept ln the Offlce of Advocate
General ifrequiredwill be produced
16 Tha ln vlew of the aforesaid submissions made

hereinabove 1S made out

no case warrantinginterference
of this Honble Court ln exerclSC of its extraordinary
writ

jurisdiction The petition being bereft of any lnerlt

deserves to be dismissed by this Honble Court

An affldavit in supportis filed herewith

OFFICER IN CHARGE

JABALPUR

DATED
8 AiJS

01eemea
e
4 4 4

1
COUNSEL FOR RESPONDKNTS
Ol
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5 4
4 0

1LlYL

8AU62018

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 IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR

WP Noe 1303112018

PETITIONERS Mukesh Yadav

1 Versus

RESPONDENTS State of MP and Others

AFFIDAVIT

I Laxman SinghChouhan Slo Late Inder Elingh

Chauhan aged about 61 years DP e
AJK District
Khandwa VPI do herebymake oath and stale as under

1 That the deponentlS OIC of the case and hence

competentto swear this affidavit on oathe

2That the accompanying

Return has been drafted on

my instructions and I have read l understood its

contentSe

3 That the contents of Paras 1 to end of the attached

Return are based on information derivcd from olficial
0ATS records which I believeto be true
3e
e

Ol
4r l
62 0
1 DEPONENT
8
Il

11

P
VERIFICATION
N
8AL I Laxman Singh Chouhan the above named

8AUG2018 deponentdo hereby

verifythat the contents of parasl to
3 of above afdavit are true to my personalknowledge
Verifled and signedon this 8th day of August 2018 at

Jabalpur l

Soo
J
l
been Idenlilied 1 1

whose Signature
is
by me
Date 0

Jabalpur 9
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JAKI
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