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2025 DAILYLAW 16697 (CHH)

SHABBIR QURESHI v. STATE OF CHHATTISGARH

WPCR/188/2025 · 2025-04-07

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:16160-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP(CR) No. 188 of 2025 Shabbir Qureshi S/o Matin Qureshi Aged About 23 Years R/o Ward No. 24 Rani Laxmi Bai Ward, Dallirajhara, P.S. Rajhara, District Balod Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Department Of Home, Mantralaya, New Raipur, District Raipur Chhattisgarh. 2 - District Magistrate Balod, District Balod Chhattisgarh. 3 - The Superintendent of Police Balod, District Balod Chhattisgarh. ...Respondent(s) For Petitioner : Mr. Hemant Gupta, Advocate For Respondent/State : Mr. Shaleen Singh Baghel, Dy. G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma , Judge Order on Board Per Ramesh Sinha , Chief Justice 07.04.2025 1. Proceedings of this matter have been taken through video conferencing. VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.04.11 13:08:46 +0530 2 2. Mr. Hemant Gupta, learned counsel for the petitioner and Mr. Shaleen Singh Baghel, learned Dy. Government Advocate, appearing for the respondents/State. 3. The present writ petition has been filed by the petitioner with the following relief(s): “I. That, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to proceedings of Appeal No. F-4-218/Home-C/2024, order dated 12.02.2024 and proceedings of conducted by the Resp. No. 2 in Criminal Case 02/2024 order dated 23.09.2024. II. That this Hon'ble court may kindly be pleased to issue appropriate orders/directions/writ and quash/ set aside the effect and operation of order Annexure P/1, passed in Appeal F-4-218/Home- C/2024 order dated 12.02.2024 and also the effect of the order passed by the Resp. No. 2 bearing Criminal Case 02/2024 order dated 23.09.2024, in the interest of justice. III. Any other relief/relief's, which this Hon'ble Court may think fit and proper in the facts and circumstances of the case, with cost of the petition, may also please be granted to the petitioner.” 4. Learned State counsel submits that the order of externment is just and proper which do not require any interference by this Court. 3 5. Perusal of record makes it explicit that total 13 cases are registered against the present petitioner and the appeal of the petitioner was dismissed on this ground by the Appellate Authority. 6. Considering the facts and circumstances of the case and the fact that the impugned order dated 12.02.2025 (Annexure P/1) passed in Appeal No.F-4- 218/Home-C/2024 by the respondent No.1/Department of Home, Government of Chhattisgarh, whereby the verdict of ‘externment’ was passed by respondent No.2 vide order dated 23.09.2024 (Annexure P/5) in Criminal Case No.02/2024, against the petitioner for his externment for a period of one year in respect of Balod and other bordering Districts, against which he was preferred an appeal which dismissed by the Appellate Authority on the ground of pending cases against him, we do not find any good ground for interference. However, so far as the period of externment of the petitioner is concerned which is one year, looking to the facts and circumstances of the case as the petitioner had already suffered externment for a period of about six months, we reduce the period of externment already suffered by him. 7. In view of the above, the present petition is disposed off. 8. The original records is returned back to the learned State counsel. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Vasant