2021 Supreme(Chh) 368
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARENDRA KUMAR VYAS, J.
Prakash Jotwani @ Goldi, S/o. Late Tirath Das Jotwani - Petitioner
Versus
State of Chhattisgarh, through Secretary, Home Department and Ors. - Respondents
WPCR No. 325 of 2020
Decided On : 01-11-2021
For the Petitioner: Mr. Parag Kotecha.
For the Respondents: Mr. Gurudev I. Sharan.
Headnote:
Constitution of India,1950 - Article 226 - Chhattisgarh Rajya Suraksha Adhiniyam, 1990 - Working as Mandal President of Bhartiya Janta Party - Challenged rejection of objection - Filed for quashing the order – Held, it is clear that some disputed facts are involved in averments, which cannot be decided without recording of evidence, in view of law laid down , preliminary objection, which requires evidence for determination, cannot be decided as preliminary issue and it can be decided along with all issue raised in proceedings - It is quite clear that authority District Magistrate, who has issued show cause notice to petitioner has jurisdiction and competency, which cannot be quashed by this Court at this juncture and the objection has been rightly rejected by District Magistrate, as it requires evidence for determination, there is no ground made out for interference by Court at this juncture - Petition dismissed
ORDER :
1. The petitioner has filed the writ petition under Article 226 of the Constitution of India for quashing the order dated 09.07.2020 passed by District Magistrate, Uttar Bastar, Kanker (C.G.) in Misc. Criminal Case No. 01/2020 as also challenging rejection of objection raised by the petitioner about maintainability of proceeding under Chhattisgarh Rajya Suraksha Adhiniyam, 1990 (for short "the Adhiniyam, 1990").
2. The brief facts, as projected by the petitioner, are that the petitioner is businessman, contractor & presently working as Mandal President of Bhartiya Janta Party and due to political influence of ruling party, the proceeding under the Adhiniyam, 1990 has been initiated against the petitioner.
3. Learned counsel for the petitioner would submit that a show cause notice under Sections 3, 5 & 6 of the Adhiniyam, 1990, has been issued by respondent No. 2/ District Magistrate, Uttar Bastar Kanker on the recommendation of respondent No. 3/ Superintendent of Police, Uttar Bastar, Kanker for externment of the petitioner from District- Kanker, wherein various criminal cases have been mentioned against the petitioner. It has been further contended by learned counsel for the petitioner that the allegations levelled by the respondents against the petitioner are totally false, baseless and on the basis of incomplete and manipulated information supplied by respondent No. 3 to respondent No. 2 and on political influence of the ruling party, the show cause notice has been issued. The content of show cause notice issued to the petitioner on 10.02.2020 (Annexure P/1) is extracted below:-
^^iqfyl v/kh{kd mRrj cLrj dakdsj ds i= dzekad@iq-v-@dakdsj@jh&1@01@2020 fnukad 08-02-2020 ds vuqlkj izfrosfnr fd;k x;k gS fd o"kZ 1996 ls yxkrkj yM+kbZ >xM+k] ekjihV] tku ls ekjus dh /kedh ,oa 'kkldh; deZpkfj;ksa dks ekjihV dj ng'kr iSnk djrk gS] vkids fo:) dbZ vijkf/kd izdj.k ntZ gSa rFkk izfrca/kkRed dk;Zokgh djus ds ckn Hkh vkids xfrfof/k;ksa esa dksbZ lq/kkj ugha vk;k gSA bl rjg vkids mDr d`R;ksa ls 'kgj ds vke ukxfjdksa ds lkekU; tu&thou ij izfrdwy izHkko iM+ jgk gS vkids Mj ds dkj.k dksbZ Hkh vke O;fDr vkids fo:) xokgh nsus ds fy, ?kcjkrs gSa] vkids yxkrkj vijkf/kd xfrfof/k;ksa dks ns[krs gq, rRdky fu:) fd;k tkuk vfr&vko';d gS] vkids Lora= jgus ls tulqj{kk o yksd O;oLFkk cuk;s j[kus esa foijhr izHkko iM+ jgk gSA vkids vijkf/kd xfrfof/k;ksa esa vadq'k yxkus rFkk vke tuekul ds fgr esa Nr~rhlxढ+ jkT; lqj{kk vf/kfu;e 1990 dh /kkjk 3] 5] 6 ds varxZr ftyk cnj dh dk;Zokgh djuk vfr&vko';d gksxkA^^
4. The details of criminal cases registered against the petitioner are given in table form, which were annexed with the show cause notice, are as under :-
| SN | Crime/Ishtagasha No. | Sections | Result | Remark |
| 1 | 91/1996 | 341, 147, 148, 149, 336, 427 IPC | Acquitted |
|
| 2 | 93/1996 | 341, 147, 148, 149, 337, 427 IPC | Acquitted |
|
| 3 | 96/1996 | 341, 294, 147, 148, 149, 336, 327 IPC | Acquitted |
|
| 4 | 124/1997 | 363, 366, 34 IPC | RI for one year | Challan filed |
| 5 | 100/2002 | 294, 323, 506, 341 IPC & 3(1)(x) SC/ST Act |
|
|
| 6 | 204/2010 | 294, 506(B), 186 IPC |
| Challan filed |
| 7 | 187/201 | 147, 148, 186, 353, 427 IPC |
| Challan filed |
| 8 | 35/2015 | 498, 323 IPC |
| Challan filed |
| 9 | 31/2020 | 365 IPC |
| Under Investigation |
| 10 | Ishtagasha No 18/1996 | 107, 116(3) tk-QkS- |
| Ishtagasha filed |
| 11 | Ishtagasha No 12/2003 | 110 tk-QkS- |
| Ishtagasha filed |
| 12 | Ishtagasha No 137/2004 | 107, 116 (3) tk- Qk-S |
| Ishtagasha filed |
| 13 | Ishtagasha No 262/2004 | 107, 116 (3) tk-QkS- |
| Ishtagasha filed |
| 14 | Ishtagasha No 207/2006 | 107, 116 (3) tk-QkS- |
| Ishtagasha filed |
| 15 | Ishtagasha No 16/2020 | 110 tk-QkS- |
| Ishtagasha filed |
5. Respondent No. 2 issued show cause notice to the petitioner to submit his reply on 13.02.2020 and thereafter the matter was ad