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Madhya Pradesh High Court · body

2011 DIGILAW 590 (MP)

Jakir Khan v. State of M. P.

2011-05-11

S.C.SHARMA

body2011
ORDER 1. Regard being had to the homogeneous character of the controversy involved in the present case, writ petitions were analogously heard and by a common order, they are being decided by this Court. Facts of Writ Petition No. 2627 of 10 are narrated hereunder. 2. The petitioner before this Court has filed this present petition being aggrieved by a show cause notice issued by the District Magistrate, Mandsaur dated 9.2.10 in the matter of externment of the petitioner under the provisions of M.P. Rajya Suraksha Adhiniyam, 1990 (hereinafter shall be referred to as the Adhiniyam, 1990). This Court has granted an interim order 11.3.10 and now more than a year's period is over. 3. Petitioner's contention is that a show cause notice was issued on 14.3.08 and a list of crimes in the present show cause notice dated 9.2.10 are included in the earlier show cause notice. Petitioner has further stated that on the basis of earlier show cause notice, an order was passed by the District Magistrate dated 24.2.09 and it was held that there is no necessity of passing an order externment. Petitioner's grievance is that on account of two additional cases under the Gambling Act, the present show cause notice has been issued. 4. A reply has been filed in the matter and stand of the respondent is that petitioner is a habitual criminal and is engaged in all kinds of criminal activities and therefore, it becomes necessary to issue a show notice and as no final order has been passed, the present writ petition is premature. 5. Heard learned counsel for the parties and perused the record. 6. In the present case, it is an admitted fact that the offences which are enlisted in the earlier show cause notice dated 14.3.08 are certainly enlisted again in the present impugned show cause notice dated 9.2.10. There are two additional offences listed at Nos. 16 and 17. However, the fact remains that an interim order was passed by this Court and the same is continuing. 7. This Court is not aware of the fact of petitioner's involvement in criminal cases after issuing of the show cause notice dated 9.2.10 and therefore, without averting to the merits of the matter, as more than a year's period is already over and the interim order is continuing, the impugned show cause notice dated 9.2.10 is hereby quashed. 7. This Court is not aware of the fact of petitioner's involvement in criminal cases after issuing of the show cause notice dated 9.2.10 and therefore, without averting to the merits of the matter, as more than a year's period is already over and the interim order is continuing, the impugned show cause notice dated 9.2.10 is hereby quashed. However, a liberty to granted to the respondents to issue a fresh show cause notice under the Adhiniyam, 1990 in case need so arises in future. 8. With the aforesaid, the present and the connected writ petitions stand disposed of.