1 2025:CGHC:28088-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 344 of 2025 1 - Sahil Mashi @ Ellu Masih S/o Sanjay Masih Aged About 34 Years (Wrongly Mentioned As Ellu Masih @ Sahil Mashi In The Impugned Order Sheet), R/o Ganeshpur, Police Station Simga, District Balodabazar- Bhatapara, Chhattisgarh ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through Principal Secretary, Department Of Home, Manatralaya Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 2 - District Magistrate Balodabazar District Balodabazar Bhatapara, Chhattisgarh 3 - Superintendent Of Police Distt Balodabazar- Bhatapara, Chhattisgarh 4 - Station House Officer Simga Distt Balodabazar- Bhatapara, Chhattisgarh ---- Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Virendra Verma, Advocate For Respondents/State : Mr. S.S. Baghel, Dy.G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.06.27 10:50:02 +0530 2 26 .06.2025 1. The present petition has been filed by the petitioner with the following prayers:- 2. “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the grievance of the petitioner from the respondent authorities. 3. 10.2 That, this Hon'ble Court may kindly be pleased to quash the impugned order dated 06.05.2025 in Appeal No. F-4-25/Home-C/2025 (ANNEXURE P-1) and also quashed the order passed on 24.01.2025 by respondent No. 2 in Misc. Criminal Case No. 202412210100026/2024-25 (ANNEXURE P-2). 10.3 any other relief, which this Hon’ble Court may deem fit and proper , may also be passed in favour of the petitioner.” 4. The petitioner is challenging the order passed by the respondent authority dated 06.05.2025 in Appeal No. F-4-25/Home-C/2025 by affirming the order passed on 24.01.2025 in Misc. Criminal Case No. 202412210100026/2024-25 in which the present petitioner has been restrained from entering the Balodabazar District Bhatapara and its adjoining areas vide order dated 06.05.2025 and 24.01.2025. The petitioner is the resident of the Simga and in the year 2024 the Superintendent of Police Balodabazar Bhatapara through District Magistrate has issued a letter through their reader No. 3071A2024 dated 18.12.2024 and alleged that the petitioner was involved in criminal activities and he is habitual offender and various offences registered against him under various sections. It is further alleged by the respondents from the year 2021, due to his aggravate nature he always hurt, create violence to the other 3 persons who are the resident of the Simga. On the application by the respondent authority, the petitioner has filed his reply and denied the contentions and the allegation leveled against him and the respondent authorities has passed the order to retrained in from the District under section 5(b) of Chhattisgarh Rajya Suraksha Adhiniyam 1990. 5. Learned counsel for the petitioner submits that the respondent authority has mentioned that the earlier the petitioner roped in Crime No. 272/2022 which is registered as Criminal Case No. 130/2023 and the same has been compromised before the Lok Aadalat on 13.05.2023 and the same has been written by the respondent No. 3 which is also incorrect although the petitioner has been roped in a false case. He submits that the petitioner has also replied the show cause notice dated 20.12.2024 and mentioned the cause and justification that he has been implicated in false case due to political rivalry before respondent authorities on dated 27.09.2024 but the same was not considered. The persons who has made the complaint against the petitioner has been roped in the case for the offence committed under prevention of Damage of Public Property 1984 and Section 333/ 149, 332, 148 of IPC and they have been convicted by the trial court below and for which they have filed the Cr.A. No. 705/2017 before this Hon'ble Court and the same is pending although the petitioner has roped in the false cases made by the persons. 6. On the other hand, learned State counsel opposes the prayer made by learned counsel for the petitioner and submits that order of 4 externment is just and proper which do not require any interference by this court. 7. We have heard learned counsel for the parties, perused the pleadings and documents. 8. Perusal of the records shows that total 3 cases were registered against the present petitioner and the appeal of the petitioner was dismissed on this ground by the appellate authority. 9. Considering the entire facts and circumstances of the case, this Court is of the view that the petitioner should be granted an opportunity to reform himself and the order of externment passed by the District Magistrate, Balodabazar-Bhatapara and affirmed by the Additional Chief Secretary to the Government of Chhattisgarh, Department of Home needs to be modified to the extent that the period of externment is reduced to the period already undergone by the petitioner. It is ordered accordingly. 10. With the aforesaid observation, the writ petition stands disposed of. SD/- SD/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Gowri/ Amardeep