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2025 DAILYLAW 38529 (CHH)

SIDHARTH SHRIWASTAVA v. STATE OF CHHATTISGARH

WPCR/465/2025 · 2025-08-20

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:42297-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 465 of 2025 Sidharth Shriwastava S/o Shri Manish Shriwastava Aged About 25 Years R/o Vill Sargipal Para, Kondagaon, Tehsil And Dist. Kondagaon C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Principal Secretary/additional Principal Secretary, Department Of Home, Mahanadi Bhawan, Mantralaya, New Raipur, Civil And Revenue Dist. Raipur C.G. 2 - State Of Chhattisgarh Through The Additional Secretary, Department Of Home, Mahanadi Bhawan, Mantralaya, New Raipur, Civil And Revenue Dist. Raipur C.G. 3 - The District Magistrate Dist Kondagaon C.G. 4 - The Superintendent Of Police Dist Kondagaon C.G. SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.08.22 10:34:54 +0530 2 5 - The Deputy Superintendent Of Police Kondagaon, Dist Kondagaon C.G. 6 - The Station House Officer Police Station- Kondagaon, Dist Kondagaon C.G. ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) :Shri Ashutosh Biswas, Advocate. For Respondent(s)/State :Shri S.S. Baghel, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 21.08.2025 1. Heard Shri Ashutosh Biswas, learned counsel for the petitioner as well as Shri Shaleen Singh Baghel, learned Dy. Government Advocate, appearing for the respondents/State. 2. The present writ petition has been filed by the petitioner with the following relief(s):- "10.1 That, this Hon'ble High Court may kindly be pleased to call the entire record from the respondent authorities 3 pertinent to petitioner's exiled case for kind perusal of the Hon'ble High Court. 10.2 That, this Hon'ble Court may kindly be pleased to quash/set aside the order dated 10.06.2025 (Annexure A-1) passed by respondent No.1/the Additional Principal Secretary, Department of Home, Mahanadi Bhawan, Mantralaya, New Raipur, District-Raipur (C.G.). 10.3 That, this Hon'ble Court may kindly be pleased to quash/set aside the order dated 03.03.2025 passed by respondent No.3/The District Magistrate Kondagaon, district Kondagaon (C.G.). 10.4 Any other relief or reliefs that may be deemed fit and proper in the facts and circumstances of the case may kindly be granted also. Affidavit in support is filed herewith. 3. Learned State counsel submits that the order of externment is just and proper which do not require any interference by this Court. 4. Perusal of record makes it explicit that total 10 criminal cases and 01 Istagasa/private complaint are registered against the present petitioner and the appeal of the 4 petitioner was dismissed on this ground by the Appellate Authority. 5. Considering the facts and circumstances of the case and from perusal of the impugned order dated 10.06.2025 (Annexure A/1) passed in Appeal No. F-4-50/Home-C/2024 by the respondent no. 1/Department of Home, Government of Chhattisgarh, and the order dated 03.03.2025 (Annexure A/2) passed by respondent No. 3/The District Magistrate, by which order of externment from Kondagaon and other bordering Districts against the petitioner for a period of one year has been passed on the ground of pending cases against him, we do not find any good ground for interference. However, looking to the fact and circumstances of the case as the petitioner has already suffered externment for a period of about five months, We reduce the period of externment to 6 months. 6. In view of the above, the present petition is disposed off. 7. It is made clear that if the petitioner is again found to be indulged in any such antisocial activities, the authority concerned is at liberty to proceed against him afresh, in accordance with law. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Shoaib