1 2025:CGHC:7689-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 54 of 2025 Sajji Philip S/o Shri Thamas Philip Aged About 24 Years R/o Lochan Nagar, Chakradharnagar, Police Station Chakradharnagar, District Raigarh Chhattisgarh ... Petitioner(s) versus 1. State of Chhattisgarh Through Secretary Home Department, Mantralaya Mahanadi Bhawan, Atal Nagar New Raipur, District Raipur, Chhattisgarh. 2. District Magistrate District Raigarh, Chhattisgarh. 3. Appellate Authority Cum Additional Chief Secretary Home Department, State of Chhattisgarh, Mantralaya Mahanadi Bhawan, Atal Nagar New Raipur, District Raipur, Chhattisgarh. 4. Superintendent of Police Raigarh, District Raigarh, Chhattisgarh. 5. Station House OfÏcer Police Station Chakradharnagar, Raigarh, District Raigarh, Chhattisgarh. ...Respondent(s) For Petitioner : None. For Respondent/State : Mr. Vivek Sharma, Additional Advocate General. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.02.13 14:27:31 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha , Chief Justice 13.02.2025 1. None appears nor is any representation made on behalf of the petitioner when the case is called out. 2. Mr. Vivek Sharma, learned Additional Advocate General, appearing for the respondents/State, is present. 3. The present writ petition has been filed by the petitioner with the following prayers: “10.1 That, it is therefore, humbly prayed that this Hon’ble Court may kindly be pleased to call for the entire record pertaining to the case of petitioner for kind perusal of this Hon’ble Court. 10.2 That, it is humbly prayed that this Hon’ble Court may kindly be pleased to set aside the impugned order dated 27.05.2024 passed in Criminal Case No. 02 of 2024 by District Magistrate, Raigarh and order dated 12.08.2024 passed by Appellate Authority cum Additional Chief Secretary, in appeal No. F-4-146/Grih- C/2024 in the interest of justice. 10.3 Any other relief, which may be deemed, fit by this Hon’ble Court just and proper in the facts and 3 circumstances of the case may also be provided in favour of the petitioner.” 4. On 12.02.2025, this Court had passed the following order: “Heard Mr. Vipin Punjabi, learned counsel for the petitioner as well as Mr. Vivek Sharma, learned Additional Advocate General for respondent/State. Mr. Vivek Sharma, learned Additional Advocate General, for respondent/State is directed to produce the original records with respect to the disposal of the application of the petitioner dated 13.11.2024. Let the matter be listed again tomorrow i.e. on 13.02.2025.” 5. Learned State counsel has produced the original records before this Court and we have perused the same. 6. The allegation which was levelled by the petitioner that the note- sheet has been prepared afterwards, appears to be an incorrect fact. From the perusal of the records, it transpires that the appeal of the petitioner was dismissed on the ground that it was barred by limitation. 7. Considering the facts and circumstances of the case and the fact that the impugned order dated 27.05.2024 passed by the respondent No.2/District Magistrate, Raigarh, against the petitioner for his externment for a period of one year in respect of Raigarh and other bordering Districts, against which he was preferred an appeal which dismissed by the Appellate Authority on the ground of limitation, we do not find any 4 good ground for interference. However, so far as the period of externment of the petitioner is concerned which is one year, looking to the ailing condition of the parents of the petitioner as the mother who is disabled with both legs and is living with support of wheel chairs and his father who is suffering from Pulmonary Cardiac disease and the petitioner had already suffered externment for a period of about 8½ months, we reduce the period of externment already suffered by him. 8. In view of the above, the present petition is disposed off. 9. The original records is returned back to the learned State counsel. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Brijmohan