1 2025:CGHC:54144-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 492 of 2025 Saif Khan S/o Akbar Khan Aged About 28 Years R/o Mararpara, Kondagaon, District - Kondagaon Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Principal Secretary, Department Of Home, Mahanadi Bhawan, Nava Raipur Atal Nagar, District - Raipur Chhattisgarh 2 - Additional Secretary, Department Of Home, Mahanadi Bhawan, Nava Raipur Atal Nagar, District - Raipur Chhattisgarh 3 - District Magistrate, District - Kondagaon Chhattisgarh 4 - Superintendent Of Police, District - Kondagaon Chhattisgarh 5 - Station House Officer, Police Station - Kondagaon, District - Kondagaon Chhattisgarh ... Respondent(s) For Petitioner : Mr.Asseem Bhagwat Gopal, Advocate For Respondents : Mr.S.S.Baghel, Deputy Government Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 06 .11 .2025 1. Heard Mr.Asseem Bhagwat Gopal, learned counsel for the petitioner as well as Mr.S.S.Baghel, learned Deputy Government BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR 2 Advocate appearing for the respondents/State. 2. The present writ petition has been filed by the petitioner with the following prayers: “10.1. That, this Hon'ble High Court may kindly be pleased to call the entire record from the respondent authorities pertaining to the externment case of the petitioner for kind perusal of the Hon'ble High Court; and, 10.2. That this Hon'ble High Court may kindly be pleased to set-aside/quash the impugned Order dated 06/05/2025 (Annexure-P/1) passed by the Respondent no.2- the Additional Secretary, Department Of Home, Mahanadi Bhawan, Nava Raipur Atal Nagar, District- Raipur (C.G.) in Appeal No. एफ-4-32 / गृह- सी / 2025; and, 10.3. That this Hon'ble High Court may further be pleased to set-aside/quash the impugned Order of externment dated 20/01/2025 (Annexure-P/2) passed by the respondent no.3-the District Magistrate, Kondagaon in Criminal Case No.202412200100022/2024; and/or, 10.4. Any other relief or reliefs that may be deemed fit and proper in the facts and circumstances of the case, may be kindly be granted in favour of the petitioner, in the interest of justice.” 3. Facts of the case are that respondent No.4-Superintendent of Police, Kondagaon submitted a report dated 26/12/2024, to the externing authority i.e. Respondent No.3-District Magistrate, Kondagaon under Sections 4, 5 (a) and (b) of the C.G. Rajya 3 Suraksha Adhiniyam, 1990 (hereinafter referred to as "the Act of 1990") stating that the petitioner is a person of criminal nature, who is continuously involved in criminal activities, abusing the general public, threatening to kill them, terrorizing them, creating an atmosphere of fear and terror in the society, and creating obstacles in maintaining peace and order, and; therefore, sought for externment of the petitioner from district Kondagaon and adjacent districts for 2 years, a copy of which has been annexed as Annexure P-3. 4. On the basis of the aforesaid report dated 26/12/2024, a case was registered by the externing authority under Sections 4, 5 (a) and (b) of the Act of 1990 and a show-cause notice dated 27/12/2024 was issued to the petitioner under Section 8 of the Act of 1990 stating that there are 7 proceedings under IPC and 1 proceeding under Excise Act registered against the petitioner. Accordingly, the petitioner appeared before the District Magistrate and then filed his detailed reply dated 02/01/2025 to the show cause notice dated 27/12/2024, wherein the petitioner has categorically explained that the petitioner is acquitted in all the case except Crime No. 200/2024 in which the investigation is pending and the chargesheet has not been filed. Pertinently, the petitioner is not convicted in any of the crimes/offences, till date. 5. The report dated 26/12/2024 submitted by the Superintendent of Police, Kondagaon, stated wrong facts with respect to the status 4 of the criminal proceedings. It is deliberately falled to mention that except Crime No. 200/2024, the petitioner is acquitted in all other offences. 6. The prosecution examined the Town Inspector Saurabh Kumar Upadhyay as the only witness who admitted the fact that neither there was any application filed by any person or group for externment of the petitioner from the district nor any complaint was filed by any witness or complainant of any criminal proceedings against the Petitioner. 7. After examining the witness and hearing the arguments advanced by the counsel for the petitioner herein, the District Magistrate, Kondagaon, passed the impugned Order dated 20/01/2025 (Annexure P/2), whereby the petitioner has been externed from seven districts namely Kondagaon, Kanker, Narayanpur, Bastar, Bijapur, Dantewada and Dhamtari for a period of 1 year. 8. Aggrieved by the said impugned order dated 20/01/2025, the petitioner filed an Appeal dated 18/02/2025 before the Secretary, Department Of Home, Mahanadi Bhawan, Nava Raipur Atal Nagar, District- Raipur (C.G.) which was rejected vide impugned order dated 06/05/2025 and conveyed to the petitioner through covering letter dated 27/05/2025. 9. Learned counsel for the petitioner submits that the impugned orders dated 20/01/2025 and 06/05/2025, are bad in law, arbitrary, unreasonable, excessive and unjust, therefore, liable to be set 5 aside/quashed. The respondents have blatantly abused the power & authority and process of law, have led to grave miscarriage of justice against the petitioners. In WPCR No. 465 of 2025, an identical case from Kondagaon where the order dated 03/03/2025 for externment of Sidharth Shriwastav was inter-alia challenged, this Court was pleased to reduce the period of externment to 6 months, copy of which has been annexed as Annexure P-9. He further submits that there is no reasoning and justification for externment since the petitioner has no criminal convictions and has been acquitted in all past cases. The report dated 26/12/2024 submitted by the Superintendent of Police, Kondagaon deliberately suppressed the actual status of the criminal proceedings that the petitioner has been acquitted in all the cases and only one criminal case is pending in which chargesheet has not been filed. 10.On the other hand, learned Deputy Government Advocate appearing for the respondents/State submits that the order of externment is jut and proper, which do not require any interference by this Court, but admits that the petitioner has already remained out of district for a period of about 8 months. 11.Perusal of the record makes it explicit that total 08 criminal cases and 02 Istagasa/private complaint were registered against the present petitioner and appeal of the petitioner was dismissed on this ground by the Appellate Authority. However, out of 08 criminal 6 cases petitioner has been acquitted in 07 criminal cases and in one case i.e. Crime No.200/2024 charge-sheet has not been filed. 12.Considering the facts and circumstances of the case and from perusal of the impugned order dated 06/05/2025 (Annexure P-1) passed in Appeal No.F-4-32/Home-C/2025 by respondent No.1, Department of Home, Government of Chhattisgarh and the order dated 20/01/2025 (Annexure P-2) passed by respondent No.3- District Magistrate, Kondagaon in Criminal Case No.202412200100022/2024, by which order of externment from seven districts namely Kondagaon, Kanker, Narayanpur, Bastar, Bijapur, Dantewada and Dhamtari 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 eight months, we reduce the period of externment from one year to the period already undergone by him. 13.In view of above, the present petition is disposed off. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Bablu