VINOD GOEL, J.

1. The petitioner has invoked the writ jurisdiction of this court under Article 226 of the Constitution of India and under Section 482 of the Code of Criminal Procedure, 1973 (in short ‘Cr.PC’) by impugning the order dated 22.03.2017 of the Lt. Governor, Delhi whereby the order dated 10.02.2017 of Additional Deputy Commissioner of Police, South District, New Delhi (in short ‘Addl. DCP) under Sections 47 & 50 of the Delhi Police Act, 1978 (in short ‘DP Act’) directing the petitioner to remove himself beyond the limits of the NCT of Delhi for a period of one year, was confirmed.

2. The process of externment started on 30.04.2015 when the proposal for externment of the petitioner Avinash @ Janu was received by the DCP from SHO Malviya Nagar. It was proposed that the petitioner has been engaging himself in the commission of illegal acts and activities and his movements in the limits of the NCT of Delhi are calculated to cause alarm and danger disturbing societal peace. He is a potential source of harming public at large. The petitioner was found to have been named in three FIRs:-

(i) FIR No. 373/12 under Sections 379/411/34 IPC registered at PS Saket.

(ii) FIR No. 523/12 under Sections 356/379/411/34 IPC registered at PS Malviya Nagar.

(iii) FIR No.1086/14 under Sections 354D/506 IPC registered at PS Malviya Nagar.

3. As per the Reply filed by the respondent/State, the petitioner was convicted in the case at serial no. (i) & (ii) vide orders dated 22.10.2013 and 01.09.2015 respectively. The case at serial no. (iii) is pending trial.

4. A notice for externment containing a summary of allegations was served upon the petitioner on 15.05.2015 in accordance with Section 47 & 50 of the DP Act by virtue of the power vested in the DCP/Additional DCP conferred by the Commissioner of Police under Section 8(ii) of the DP Act.

5. The petitioner appeared before the DCP on 18.12.2015. He was informed of the general nature of the allegations against him in vernacular to which he pleaded not guilty and claimed trial. The petitioner submitted his written reply on 12.02.2016.

6. A supplementary notice dated 25.10.2016 under Section 50 of the DP Act was served upon the petitioner as during the externment proceeding under Section 47 of DP Act he was found involved in other criminal activities and the following criminal cases were found registered against him: -

(i) FIR No. 356/15 under Sections 392/34 IPC registered at PS South Campus, Delhi.

(ii) FIR No. 451/15 under Section 392 IPC registered at PS South Campus, Delhi.

(iii) FIR No. 582/15 under Section 392 IPC registered at PS South Campus, Delhi.

(iv) FIR No. 921/15 under Sections 356/379/411/34 IPC registered at PS Vasant Kunj South, Delhi.

7. As per the reply filed by the respondent/State, out of these four cases, cases at serial no. (i), (ii) and (iii) went untraced as no recovery was effected, while the case at serial no. (iv) is pending trial.

8. Despite opportunity, the petitioner did not submit any reply to the supplementary notice. The petitioner chose not to engage an advocate even though he was informed of his right to engage a counsel through the Delhi Legal Service Authority, Saket Court, New Delhi free of costs. He also did not lead any evidence despite several opportunities. The petitioner appeared in person on 10.02.2017 before Addl. DCP-I and submitted that he was living peacefully and earning his livelihood by fair means. He also prayed for an opportunity to reform himself. He promised that he will not indulge in any illegal activity in the future and keep peace in the society.

9. After hearing the petitioner and perusing the statement of witnesses and other evidence, the Additional DCP came to the conclusion that the petitioner is involved in several criminal cases punishable under the IPC. He was of the view that his presence in the community is hazardous to the society and his continuous presence in the area is leading to cause harm, alarm and danger the respectable c